Support as Obligation of Estate

[Melody70]

Mine and my husbands home state is Ohio, currently living in Indiana.

My husband has a 6 year old child in Texas. Texas has jurisdiction for child support and visitation.

Texas has just passed a new bill that says when a obligor dies they still owe child support and they will take an accelarated amount from the estate or life insurance policy.

Here is the link http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/sB00617F.htm

What I was wondering since we are not residents of that state and if we had a will with me getting everything and I was named as beneficiary on the life insurance policy would Texas be able to take anything from me and our son who is almost two.

If my husband died today we would owe her about $150,000 plus the child would be entitled to social security benefits and any other benefits available.

 

[free_spirit_etc]

Melody,

Wow! That is an interesting law. But it addresses something that needs to be considered - the care of someone's minor child upon their death. Plus the Texas Probate law puts that claim ahead of many other claims. So the amount of child support would be paid BEFORE other creditors. It is odd though that a child that is NOT the recipient of child support isn't allowed such protection (i.e. it would be nice if they ALSO said that a child from your current marriage would also have the amount of support needed until age 18 paid BEFORE other claims).

I would think your husband's Estate would be probated under the laws of the State where HE was living. But I would also think that as the Child Support is under the jurisdiction of Texas Courts, his ex could seek a judgement for accelerated unpaid child support from the Texas family court and file that as a claim against his Estate.

But the Probate Laws from your husband's state should rule the distribution of the claims. (i.e. it would not be paid in the order of Texas Law - it would be paid in the order of the type of claim Ohio Law says it is.)

(Ohio - or whatever state your husband would be domiciled at his death).

If you are your husband's beneficiary on Life Insurance - then that is yours - outside of Probate.

Also - the Texas law states they take all resources into consideration in making the judgement for child support - INCLUDING Social Security, retirement annuitites, etc.

So the amount awareded would NOT ALL come from the Estate. The amount your husband's child will get from your husband's Social Security or any other benefits the child would get based on your husband's death would be CONSIDERED as SUPPORT. So - if the court is satisfied the child has resources to provide for their care - the court can actually enter an order to terminate child support.

"(4) the nature and amount of any benefit to which the
child would be entitled as a result of the obligor's death,
including life insurance proceeds, annuity payments, trust
distributions, social security death benefits, and retirement
survivor benefits; and
(5) any other financial resource available for the
support of the child.
(d) If, after considering all relevant factors, the court
finds that the child support obligation has been satisfied, the
court shall render an order terminating the child support
obligation. If the court finds that the child support obligation is
not satisfied, the court shall render a judgment in favor of the
obligee, for the benefit of the child, in the amount of the unpaid
child support obligation determined under Subsection (c). The
order must designate the obligee as constructive trustee, for the
benefit of the child, of any money received in satisfaction of the
judgment. "


Free

Mine and my husbands home state is Ohio, currently living in Indiana.

My husband has a 6 year old child in Texas. Texas has jurisdiction for child support and visitation.

Texas has just passed a new bill that says when a obligor dies they still owe child support and they will take an accelarated amount from the estate or life insurance policy.

Here is the link http://www.capitol.state.tx.us/tlodocs/80R/billtext/html/sB00617F.htm

What I was wondering since we are not residents of that state and if we had a will with me getting everything and I was named as beneficiary on the life insurance policy would Texas be able to take anything from me and our son who is almost two.

If my husband died today we would owe her about $150,000 plus the child would be entitled to social security benefits and any other benefits available.

 

[curb1]

Melody70,
As a practical matter, why doesn't your husband pay child support? Probably he would act the same if, or when, he divorces you.

 

[CourtClerk]

Are you HONESTLY married to a man that doesn't support his child??? And you thought for a moment that this is the upstanding man you wanted to marry? Sickening.

150K behind in support? Your husband belongs in jail and I'm quite suprised that Texas hasn't put a warrant out for him. They are usually REALLY good at things like that.

 

[Melody70]

My husband does pay support almost $800 a month for one child! He is not behind at all plus he covers his son on his medical and pays half of all out of pocket expenses. What I'm saying is that he has 13 years left to pay child support. So if he dies today the courts would multiply how much he is paying now including medical premiums by 13 years. That would come up around $150,000.

 

[Just Blue]

My husband does pay support almost $800 a month for one child! He is not behind at all plus he covers his son on his medical and pays half of all out of pocket expenses. What I'm saying is that he has 13 years left to pay child support. So if he dies today the courts would multiply how much he is paying now including medical premiums by 13 years. That would come up around $150,000.

That is not how it works. If he died today his support obligation would end today.

But so that his child wouldn't suffer he can purchase a life insurance policy w/ the child being the beneficiary.

 

[CourtClerk]

My ex is ordered to pay just over $1000/mo for one child.. believe me, I have no sympathy in that regard.

That new law is great, because believe it or not, if your husband dies, his child still needs to eat and live. I almost wish ALL states did something similiar. Think of it this way. You still want to be supported if your husband dies (in the way of life insurance), why doesn't the child deserve the same? That IS his flesh and blood. You're just the woman he married. (not to sound harsh, but that is the reality of it all).

 

[curb1]

Melody70,
There is a very simple solution to this situation. It is called "term life insurance". It is very cheap and would solve all of your questions. His first obligation is the child support payments. This problem is a "no-brainer".

 

[CourtClerk]

That is not how it works. If he died today his support obligation would end today.

But so that his child wouldn't suffer he can purchase a life insurance policy w/ the child being the beneficiary.

Bay,

If you look at the above statute, it appears that that IS how it works in Texas. It's a wonderful thing if you ask me. However, if the OP's hubby died leaving an arrearage, the ex could go after the estate for that money (provided there was an estate).

 

[Just Blue]

Bay,

If you look at the above statute, it appears that that IS how it works in Texas. It's a wonderful thing if you ask me. However, if the OP's hubby died leaving an arrearage, the ex could go after the estate for that money (provided there was an estate).

Yeah..I missed that...but still the prob would be easily solved with a policy.

 

[free_spirit_etc]

I didn't understand her to say that her husband didn't pay child support - or that he NOW owes $150k. I understood that she was saying that under the new Texas law - child support doesn't end when a parent dies - That the court will calculate the amount that would be due to the child UNTIL age 18 - and charge THAT amount against the parent's Estate.

So if her husband's child is 6 years old - and her husband died NOW - Texas law would calculate that her husband's Estate OWES his child $150K (the amount of child support he WOULD have paid for the next 12 years - if he HAD lived.)

Again, Melody - I encourage you to check this out more. Again, I don't think the law is such a bad thing - because it puts the support of the minor child ahead of many other claims. And again, it would be nice if they could apply it to ANY minor child - not just those recieving child support.

But I don't read the law to say that the first $150K from the Estate and Insurance would go to your husband's 6 year old. I read it to say that the court will take the $150K - then look at how much Social Security the child would recieve, the amount of other benefits the child would recieve - and IF there is STILL a deficiency - they can order a judgement against the Estate. But IF the child will be recieving enough support from Social Security and other sources from your husband - they would terminate the support order.

And again, the state your husband's Estate was probated in would not make the determination. But I would think that the child's mother could go to family court in Texas - get a judgement - and file a claim against the Estate.

So what you might want to do is figure out a ballpark calculation yourself. Add up the amount of Social Security the child would recieve (be sure to take into account the family maximums - as you also have a child that will be drawing Social Security from your husband), find out what other benefits his child would recieve ( through employers, etc.), and see if there is a significant difference between what the court would calculate would be owed in the time period from your husband's death until the child is 18 - and what the child will recieve.

If the amount would be significant - you might want to consider having your husband take out a Life Insurance Policy with his 6 year old as beneficiary to cover part of the difference. Or actually, since your concern is that you and your child will not be left with enough to take care of your needs - your husband could actually take out more Life Insurance and name YOU as beneficiary - to assure you will have ample funds if the Estate is charged with post death child support.

And BE SURE to discuss this with the attorney who writes your husband's Will. (Take a copy of the law with you.)

Free

Are you HONESTLY married to a man that doesn't support his child??? And you thought for a moment that this is the upstanding man you wanted to marry? Sickening.

150K behind in support? Your husband belongs in jail and I'm quite suprised that Texas hasn't put a warrant out for him. They are usually REALLY good at things like that.

 

[free_spirit_etc]

The court also takes medical into account - so you might want to check out his medical insurance and make sure that the child would continue to be covered in the event of his death - and what the premiums would be.

I didn't see anything in the law that addressed the 1/2 of unpaid medical - so I am not sure how they would handle that. (if they would calculate in the amount your husband usually pays for medical on top of the child support and insurance).

Free

My husband does pay support almost $800 a month for one child! He is not behind at all plus he covers his son on his medical and pays half of all out of pocket expenses. What I'm saying is that he has 13 years left to pay child support. So if he dies today the courts would multiply how much he is paying now including medical premiums by 13 years. That would come up around $150,000.

 

[free_spirit_etc]

Wow! I think she did have a very valid question. And she has a valid concern of what would happen to her and THEIR two year old child if her husband died and the six year old was given $150k off the top of the Estate.

Free

My ex is ordered to pay just over $1000/mo for one child.. believe me, I have no sympathy in that regard.

That new law is great, because believe it or not, if your husband dies, his child still needs to eat and live. I almost wish ALL states did something similiar. Think of it this way. You still want to be supported if your husband dies (in the way of life insurance), why doesn't the child deserve the same? That IS his flesh and blood. You're just the woman he married. (not to sound harsh, but that is the reality of it all).

 

[Melody70]

Yes a life insurance policy does sound like a good idea. But still this just came into effect and what if for some reason he died in accident today? We only have one life insurance policy right now and it wouldn't cover $150,000.

Would it be fair if they got everything and it left my son and I with nothing. Something that my husband and I both work for.

I know what it is like to be a single mother I was one for 17 years. I never married until my oldest was 17 and middle son was 14. Both of my exes had gotten married and each had one more child.

 

[Melody70]

Thank you Free Spirit, you understand what I'm trying to say.