Legal Question in Family Law in Alabama

Life Insurance for son in divorce, can I modify? what about Contempt?

In my divorce decree it states that I am to maintain a $150,000 life insurance policy for my son, who is 7. I am a diabetic and it is extremely expensive for me to obtain that coverage - actually I have been denied many times. Right now I have a policy for $50,000 through my work (I was turned down for any additional coverage) - 50% to my ex as beneficiary and 50% to my wife.

I have 2 questions: is it possible to modify the amount of life insurance I am required to carry since it is so expensive, and almost impossible to get. AND what can my ex do if she finds out I do not have the required amount. $150,000 is more than twice what I have left to provide in Child Support payments.

Also - if I have to have coverage, why doesn't my ex? If she were to die - I would get custody of my son with NO INSURANCE at all - why is that? why am I the only one required to maintain insurance.

What are my choices?


Asked on 8/18/04, 2:24 pm

1 Answer from Attorneys

Bobby Lott, Jr. Attorney at Law

Re: Life Insurance for son in divorce, can I modify? what about Contempt?

When was your divorce? Did you have an attorney?

You will have to go back to court in order to modify anything in the decree.

Under extinuating circumstance, the judge might be willing to modify the amount you have to pay, and to require your wife to have insurance.

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Answered on 8/18/04, 2:27 pm


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