Random question- Does child support end after the NCP passes?
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No I'm not planning on killing my DH or anything!
We have quite a bit of life insurance and other monitory items I am the beneficiary for. We are working on a will, and the only thing I am expected to do is to "make sure SS is taken care of". Legally, what does that mean? I want to do the right thing, but I also don't want the money being wasted on BM thinking she got a pay day. Would setting up a trust be the best way to go? Am I expected to still pay child support for a child who isn't mine?
I am a widow n the kid will
I am a widow n the kid will receive survivor benefits from social security until his 18 birthday or when he finishes secondary school ~ high school.
That's what I figured...
That's what I figured... Thanks!
Technically they will remain
Technically they will remain until the child is done with high school...you have to have the principal sign a paper stating still enrolled, if 18.
If the child drops out of high school, is in jail then the benefits end.
Hi Echo! Probably didn't word
Hi Echo! Probably didn't word the question in such a way, but I meant would I have to pay child support out of my income? I've seen some pretty strange things circulate on this board so I was just curious. Hopefully I will never have to deal with it!
the best thing is to have
the best thing is to have something that cannot be contested like a trust. they are much harder to contest and dont have to go through probate.
If Daddy wants to be sure his
If Daddy wants to be sure his kid(s) are cared for there is what as known as "Decreasing Term Insurance" which a premium stays the same year to year but the payout decreases.
This results in a lower overall premium and as the kids age the mother gets a smaller and smaller payday to take care of the kids extras that Social Security won't pay for.
It's exactly the same as mortgage insurance but customized to the kids age. It also protects the rest of the estate from predation from the mother because the estate (you) defense is that there is already in place life insurance.
Nope, death of the NCP ends
Nope, death of the NCP ends any CS obligation. No income, no CS. If your DH has you and not BM or the Skids as the named beneficiary on his life insurance policies then there is no post mortem duty for DH to support his spawn.
They will get SS survivor benefits which IMHO fulfills the stipulation of his Will that you make sure the Skids are taken care of.
As others have suggested read the divorce decree to make sure there are no hidden post mortem support requirements from DH's estate.
how nice to keep a charity in
how nice to keep a charity in mind. generous soul!
According to my lawyer, CS
According to my lawyer, CS does NOT necessarily end when an NCP dies. If NCP leaves an estate, the CP can sue the estate for CS. Or the divorce decree has provisions ( life ins., etc) that will cover CS after the NCP's death.
DH's divorce agreement, which his current lawyer calls the most predatory and bizarre he has ever seen, says that if DH dies without a will, his children inherit *everything* he owned individually OR *jointly*. So basically if there is no will, everything that is mine and his goes to his kids. Hello? Crazy much? So the house we bought together, then one i live in with him and my kids, will just go to his adult skids bypassing me and mine. As you probably have guessed, we got him a will sooner than you could say, Greedy Assholes!
What i am wondering is whether CS ends when CP dies. And according to my DH's divorce agreement, it does.
Your situation is very
Your situation is very interesting as I have never heard of an estate going to someone other than a spouse if you are married and have no will. Is this a state by state thing? Where I live, and I have personally experienced it, if you die without a will, your estate goes to next of kin. If you are married, your next of kin is your spouse (not his, yours or our children) unless you name someone else specifically in your will. I will be researching this matter further to ensure I am covered. Thanks for the info.
Good luck! DH's lawyer told
Good luck! DH's lawyer told me this provision flies in the face of public policy, as you should not make your spouse destitute upon your death, and that he - the lawyer - would bet on me, not on skids - if he had to defend my rights.
Let's hope it never comes to that. The question really is whether this provision will hold water in court if we ever end up there.
I would make sure that
I would make sure that something very specific is set up by your husband as who knows what sort of relationship you will have with the kids and/or their mother when he dies and you don't want to be in the situation of being guilt tripped or sued into giving them more than they need/deserve. Making sure that the kids are looked after has so many different interpretations I wouldn't be happy having to decide what that meant and how that applied. I know that is what my husband expects from me but personally as long as she gets the life insurance he set up for her I don't know what else I am expected to do for SD or what I would want to do. I tried to explain this to him, but he thinks that I am a nice person so he "trusts" me to do the right thing. That in itself will eat away at me should he die I am sure, what is the right thing? I would much rather have a set plan to follow. .....This reminds me we really need to sort our wills out too!
I found the same information
I found the same information Pilgrim Soul did... hence the reason this house is in my name only. And, I've been thru the whole probate thing when my first DH passed - and I did have a waiting period to make sure the will was not contested (he didn't have other kids, just parents who were wack). I had 2 young kids at the time (3 and 5) so obviously everything passed to me.
But now... I have everything as iron-clad as I can get it. As I said, this house is in my name only. My car is only in my name. I have a lot of stuff protected that way so if there was an unfortunate occurrence (death) I (hopefully) won't have to worry about anyone coming after my stuff. If the BM and SK's want DH's vehicle, have at it. It's brand new and has a pretty hefty loan on it. }:)
Also-- quite honestly, the SS death benefits would exceed what your DH pays in CS. SS death bennies are 75% of decedent's wages as opposed to CS, which is.... however much, but I'm guessing not more than 25% of gross income?
here in MA it does, but there
here in MA it does, but there is usually a provision in the divorce agreement that dictates that the NCP must have a life insurance policy with the BM as the beneficiary in the event that the father dies prior to CS aging out. and they of course get SS until 18. likewise, BM has a life insurance policy in the event of her death to assist father in the event she dies and he gets the child FT.