Legal Question in Family Law in Alabama
Death Benefits
I just have a question about death benefits being used in a divorce. My boyfriend recieves a monthly annuity from his fathers death. When he and his ex-wife got divorced they included his dad's death benefit as part of his income for paying child support. Without the death benefit they take 50% percent of his income. I heard there was a federal law that a death benefit couldn't be used in Law Suits of any kind. Thanks for your help
Asked on 8/22/01, 9:26 pm
1 Answer from Attorneys
Maury Beaulier612.240.8005
Minnesota Lawyers
Re: Death Benefits
I am not certain what federal law you refer to. Death benefits cannot be attached to satisfy Judgments. However, under state law any regularly received monetary payment may be considered as a resource for child support purposes.
Answered on 8/23/01, 1:51 pm
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