life insurance problem

[saralee]

My husband recently passed away in florida. After his death I learned that according to his divorce papers, he was supposed to take out a $200,000 life insurance policy naming his first son as beneficiary to cover future child support payments.
As far as i know, he never took out this policy. He did have a policy through his employer that is worth $160,000.
His exwife is now trying to claim that insurance even though I am the named beneficiary.
Have you ever heard of any cases similar to this? What are my rights? I also have a son by my late husband. He is only one year old.
His employer has now told the life insurance company not to pay and they are also withholding his retirement. He died in November.
The first son now receives $1138 a month from Social Security, he was only receiving $715 a month child support.

 

[ALawyer]

The insurance company will deposit the money from the group life policy in the court and let the 3 of you -- you as current wife and beneficiary, the ex-wife personally, and her on behalf of her son who is the third party beneficiary of the divorce agreement -- fight it out.

This is not at all uncommon. Among the issues are whether wife 1 should have made certain that the $200,000 policy was purchsed and being paid for (and if she didn't she should have). How it will turn out, I can't guess as the laws differ from state to state and the exact facts are important. (That the kid gets more from SS that she got for child support is NOT important or particularly relevant.)

This also is an inter-family tragedy. All of you lost something when your husband died. And nothing can replace the value of that life insurance.

You defenitely need a lawyer, initially for advice, and possibly for litigation. It may also be a situation in which mediation or arbitration would be a less expensive way to go and leave fewer scars. But first get a solid opinion as to what the law in your state would say.