Legal Question in Family Law in Indiana
It appears Indiana courts have well established that, in the circumstance of a divorce involving a minor child, a life insurance policy with the minor child listed as beneficiary is essentially "child support" in the event of the parent's death. However, IC 31-16-10 designates that a third party may be ordered to receive child support, in the event it is proven that the party who is awarded custody and support should not receive the support payments. My question is, does IC 31-16-10 also apply to child support related to a life insurance policy, as held by the Courts? Further, what is the standard for showing that the party with custody is not fit to receive the child support payments, and what is the standard for showing that the custodial party is financially irresponsible and should not receive the child support payments (or, if applicable, administration of the life insurance proceeds for a minor child)?
1 Answer from Attorneys
Nice question. However, the answer is somewhat complex and would require a significant investment of time. I suggest that you repost this as a paid questions as otherwise, you are not likely to receive a thorough and accurate response. good luck.
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