if parent is in prison, about to be convicted of double homicide

[soon2bstep]

What is the name of your state? children in texas, father is in deleware

my moms ex husband is about to be convicted of a highly publicized double homicide in deleware...he has not paid child support since it was not originated in their divorce of 2002...i'm unsure why, he had filed in DE, his gf(a paralegal) did his papers for him, they do not state anything about cs, only that the children reside in texas with their mother, and he has joint legal custody...it doesnt even mention visitation! my mom has tried several times since then, possibly twice a year, to get cs enacted, however each state keeps throwing her to the other...she is curious, where should she go now? and if he is convicted, well i'm guessing he MAY be given dealth penalty? and if so, what are the childrens chances of collecting his SS, as he will not be able to pay cs? someone(in delaware prosecuters office), had told her if he is put on death row, that she can petition the SSA to recieve his SSI(for my siblings), as he will not exactly be taken off death row, and i believe she was told if he is on death row, then he is legally dead?

ask any questions you may, and yes i have a strange and very dysfunctional family.....but these are questions we do have.....or, if she so chooses, is she able to have his rights terminated? as of now, he doesnt have legal papers to state cv/cs, and is prison not due to be getting out! so since he willfully and knowingly commited a crime that was heinous enough to warrant the dealth penalty, or life without parole, can that be considered abandonment, and can his rights be terminated? my siblings do not know about it yet, their father being in prison...we are waiting for sentencing/conviction before telling them, as we want to have all the facts right....

TIA for any options you may have for her, or again, ask any questions you need to!

 

[LdiJ]

What is the name of your state? children in texas, father is in deleware

my moms ex husband is about to be convicted of a highly publicized double homicide in deleware...he has not paid child support since it was not originated in their divorce of 2002...i'm unsure why, he had filed in DE, his gf(a paralegal) did his papers for him, they do not state anything about cs, only that the children reside in texas with their mother, and he has joint legal custody...it doesnt even mention visitation! my mom has tried several times since then, possibly twice a year, to get cs enacted, however each state keeps throwing her to the other...she is curious, where should she go now? and if he is convicted, well i'm guessing he MAY be given dealth penalty? and if so, what are the childrens chances of collecting his SS, as he will not be able to pay cs? someone(in delaware prosecuters office), had told her if he is put on death row, that she can petition the SSA to recieve his SSI(for my siblings), as he will not exactly be taken off death row, and i believe she was told if he is on death row, then he is legally dead?

ask any questions you may, and yes i have a strange and very dysfunctional family.....but these are questions we do have.....or, if she so chooses, is she able to have his rights terminated? as of now, he doesnt have legal papers to state cv/cs, and is prison not due to be getting out! so since he willfully and knowingly commited a crime that was heinous enough to warrant the dealth penalty, or life without parole, can that be considered abandonment, and can his rights be terminated? my siblings do not know about it yet, their father being in prison...we are waiting for sentencing/conviction before telling them, as we want to have all the facts right....

TIA for any options you may have for her, or again, ask any questions you need to!

Well, needless to say your mother isn't going to be collecting any child support. Although, if their father has any estate left after legal fees (highly unlikely) the children would be claimants.

As far as Social Security is concerned, your mother needs to visit her local Social Security office, or go to the website, for questions regarding SSA benefits.

Yes, being on death row is probably grounds to terminate his parental rights. In fact, life in prison is probably enough to terminate his parental rights as well. However, that really would be a moot point. What rights can he exercise from death row?

 

[sjwilkin]

If You Don't Have His Rights Terminated His Parents Can Always Sue For Grandparent Visitation Thought This Might Help. God Bless

 

[nextwife]

If You Don't Have His Rights Terminated His Parents Can Always Sue For Grandparent Visitation Thought This Might Help. God Bless

Huh? What difference would THAT make if he's on death row? Or incarcerated virtually forever?

Soon2bstep, his SS credits are NOT a savings account. More like an insurance pool. You cannot dip into SS he doesn't receive to collect a debt. If he were deceased, and had minor children, those children WOULD be entitled to collect survivors benefits until age of majority from SS.

 

[soon2bstep]

grandparents rights

hahahaha.....his family pretends that my mother and siblings do not exist...i want to say his mother may be dead(i'm not 100%sure, something i heard from his neice)....his father is too sickly and is def dying from his illness...i was only asking about the SS benes, b/c that is what the prosecuter against him had told my mother...that he could possibly legally be declared dead, and maybe children could get SS...on the cs, texas told her they could only help with gov't benes, which my mom refuses except housing assistance...she feels there are people out there who need the $ and food benes much more...she and her bf of 7 years bring enough money into the home to take care of other bills, she was only curious if the children were entitled to survivor benes from SS...thanks for any answers given! i havent talked to her since i posted this, but i gess if she has any more ?'s, i'll ask ya'll.....she doesnt have a computer, so she's unable to post herself....

 

[nextwife]

hahahaha.....his family pretends that my mother and siblings do not exist...i want to say his mother may be dead(i'm not 100%sure, something i heard from his neice)....his father is too sickly and is def dying from his illness...i was only asking about the SS benes, b/c that is what the prosecuter against him had told my mother...that he could possibly legally be declared dead, and maybe children could get SS...on the cs, texas told her they could only help with gov't benes, which my mom refuses except housing assistance...she feels there are people out there who need the $ and food benes much more...she and her bf of 7 years bring enough money into the home to take care of other bills, she was only curious if the children were entitled to survivor benes from SS...thanks for any answers given! i havent talked to her since i posted this, but i gess if she has any more ?'s, i'll ask ya'll.....she doesnt have a computer, so she's unable to post herself....

If he's executed, then his minor children COULD get SS benefits. You can't have someone who is in prison "declared dead"!

If your MIL bought life insurance on FIL when they were together that she has maintained, she can collect on it when he dies.

 

[soon2bstep]

the legally dead thing....i thought that was strange, cos i really thought that was only for people who have disappeared, like in avalanches and hiking trips things like that where they are "whereabouts unknown" for so many months/years.....and are presumed dead...

no life insurance....

but again thanks for the answers!