Support as Obligation of Estate

[Melody70]

What is the name of your state? Indiana and Texas

My husband is the ncp of an almost 6 year old boy. His son lives in Texas and they have jurisdiction. He just got a copy of the child support modification and in it states this

Support as Obligation of Estate
It is ordered that the provisions for child support in this order shall be an obligation of the estate of ncp and shall not terminate on the death of ncp. Payments received for the benefit of the child from the Social Security Administratrion, Department of Veterans Affairs, other governmental agency, or life insurance shall be a credit against this obligation.

I talked to our attorney and he said that this is a new provision and that if my husband dies before his obligation ends then the courts can figure out how much he is paying and how many years he has left of his obligation and take that from his estate or life insurance. Plus his son will recieve ss benefits and any other benefits he would be entitled to.

I understand the social security benefits but I don't see how they could take anything from our estate if it is willed to me (wich we haven't done yet), or take anything from the life insurance that I'm the beneficiary of. He was never married to her so there isn't any kind of divorce decree saying he has to have life insurance with her as the beneficiary.

We have been talking recently about having a will made up and we were planning splitting things evenly between the kids, but his son won't get the money until he was a certain age. We also have a son together who will be two in a few months.

So has anyone else heard of this new provision and is it federal or just for the state of Texas?

Thanks for any information on this. MelodyWhat is the name of your state?

 

[nextwife]

I'd suggest that YOU buy, own and pay for a really big life policy against hubby. Such a policy would be YOUR property, and NOT part of his estate or HIS life insurance. You can make the beneficiary anyone you want.

Also, savings that have been made directly into a 529 plan or education IRA for his children are not part of his estate.

Typically, Jt. Tenant held real estate is also NOT part of an "estate" as it passes outside probate.

 

[Melody70]

That's funny because my husband just told me the same thing tonight about me buying my own policy on him. I'll checking around this Tuesday for one. I'm not sure if we will start any savings for college though. It would be nice for our kids but we feel it makes them a little more responsible if they do it on their own. I have a 19 year old son who is a way at college and he is doing it on his own. We help him out here and there and he gets plenty of scholarships and grants and good grades.