Most child support laws are based on the idea that the first child comes first. Even if your husband and you were to divorce - the court would take into account the amount of support your husband is obligated to pay for his first child before ordering child support for your child.
It is part of the nature of the game that the courts consider that you have to take into account that you already have a child to support when you have other children.
You can get a statement from Social Security that will show what the survivor benefits would be if your husband died. Again - the family maximums would come into play as your child would also be entitled to draw benefits on your husband. So though the law says the child would get approximately 75 % of your husband benefit amount - the child would not get that much if you and your son ALSO draw benefits. If you don't draw mother's benefits - the child could draw the maximum amount - as the amount of 2 children drawing probably wouldn't put them over the family max.
Also check out employer benefits - and any other benefits to which the child would be entitled.
And - yes - you can get life insurance to cover any potential deficiencies in coverage. And your husband can name YOU as the beneficiary. He doesn't HAVE to name the child. That way - if there IS claim for child support against the Estate - YOU will get the money to make up the difference. but if there is NOT a claim against the Estate - YOU get the extra money.
There are also OTHER Estate planning tools you can use to make sure you and your child are provided for.
If you have your money in a joint bank account - that money goes to the joint owner - not the Estate. If both names are on the house - the house would usually go to the joint owner - not through the Estate. Your husband can also name you as the Payable On Death beneficiary on MANY things - and those go to the POD beneficiary and do NOT pass through the Estate.
IF you live in a community property state - be sure to check out the laws about joint ownership - as they can be different.
But EVERYTHING you and your husband worked for are NOT his Estate. Proabably MUCH of it is joint property or POD - and will not even pass THROUGH the Estate.
The Estate claim for child support can only touch the Estate - NOT everything you and your husband own.
Additionally, check out the probate laws in YOUR state. The Will would be probated according to the laws of YOUR state. And though a Texas child support claim would most likely be a valid claim - it would be paid in the order of claims YOUR state specifies.
Most states have an award for surviving spouse and children that are paid BEFORE many other claims.
Under my state's laws the surviving spouse and child(ren) are granted 9 months support (minimum $10,000 spouse and $5,000 per child) BEFORE most other claims are paid. If a child does not live with the surviving spouse - that amount is given to the person who is caring for the child.
I think you need to do a little planning. However, I don't think it will be quite as drastic as you fear.
There ARE other resources that will be considered. Everything you own is NOT part of the Estate. And actually - this can be an opportunity for you and your husband to seriously sit down and PLAN to make sure that EVERYONE's Needs are met in the even of his death. You can sit down and figure out what types of benefits will be paid to whom - and what type of planning you need to do if that amount is not sufficient.
This is a good thing.
Many people die without making adequate plans.
But I don't think the situation will play out where his first child gets everything and leaves you and your child in the cold.
Your husband and you can sit down a make plans for how he will take care of you, your child, and his other child in the event of his death.
And - if you are lucky - he will live a long life and be able to take care of everyone for a LONG time.
I was not quite that lucky. My husband died this February.
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I know, I'm just a little frustrated because this law doesn't consider that there is another child. It should be equal for all the children. And I hate it when people throw up the fact that the other child was first. My other two sons were the first but I would feel terrible for taking anything from their little sisters, or anything that their moms worked for.
As for Social Security it would be a good size amount but I don't think it would cover the whole $800 a month.
We will be checking into term life insurance this week. I know my husband has a good chance of not dying today I was just using that as a scenerio (sp).
