Legal Question in Family Law in Illinois
help!
Im the older sister of 3 (ages 13,15,18).I was kicked out when i was 19 and i am now 20.My mom is a heavy cocaine user and alcoholic, My dad passed away in december and my mom basically left for italy by herself and left my sisters to fend for themselves,no money for food,turned off there cell phones,didnt pay bills. Me and my aunt got them all taken away during that time. My mom got all my dads life insurance money shes traveling and partying and doesn't have any intentions on trying to get any of them back and has yet to show up to a court date. Is there any charges that can be placed against her? or any kind of childs support she has to pay? this just doesnt seem fair. Why isnt she being held responsible? I didnt think is would ever be legal for you to just decide one day you dont want your kids anymore and get up and leave them? And just use all my fathers hard earned money on cocaine and booze. I really need help. This just isnt right.
1 Answer from Attorneys
Re: help!
Insurance policies are a bit different than wills, there is rule that says certain relatives are entitled to a share. So if your father named your mother as the sole beneficiary of the insurance money, then it is her money.
If your father also named his kids as beneficiaries, then you certainly can file a claim to try to get the other children's share of the money.
Everything above is going to depend heavily on what the insurance policy says, so I can't give an exact answer without seeing the paper.
As far as child support... if your mother has money now, the DCFS can go after her for child support. There may also be other ways to claim the money, especially if she has fled the country to avoid paying.
It will be tricky to get ahold of the cash however, especially if it is not in a US bank account. If you want to talk about the details, please feel free to give us a call.
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