Legal Question in Family Law in Oregon
tragic accident takes sons life his father is an absent parent is he entitled to
my son drowned on fathers day and his father was an absent parent his whole life he was 15,how can i get him to pay half of funeral expenses and also i am almost positive he has accidental insurance through his work he was ordered to put our two children on his health insurance policy which he did (but my child support was less because i elected to do this) and i contacted this insurance company and they told me there is no accidental insurance through them but more then likely it is an employee benefit to him. Is he entitled to that since he was not in his sons life?i also contacted support enforcement and they say there is nothing they can do if he does have this benefit unless the employer actually sends in payment of back support out of this. i am owed 7,600 dollars in back child support as well.(this man had nothing to do with his children and did not even offer to help cover funeral costs which are in excess of 8,000 dollars not to mention the 7600 he owes in back support.i may sound money hungry and this is not the purpose of this question at all,,,i want justice for my deceased son and my living daughter. support enforcement has sent me papers stating my child support will be reduced but nothing else please help thanks..K
1 Answer from Attorneys
Re: tragic accident takes sons life his father is an absent parent is he entitle
YOUR QUESTION:
How can i get him to pay half of funeral expenses?
ANSWER:
Most likely, you will have advance the money for the funeral and then file a motion with the court asking for a judgment against father so as to reimburse you for the expenses incurred. You might want to cite ORS 107.111, which says as follows: �
�ORS 107.111. Whenever a court imposes upon the parents of a person under 18 years of age a shared obligation to support the person financially, the parents, unless the order creating the obligation of support specifically provides otherwise, shall be equally responsible financially for funeral expenses resulting from the death of the person before reaching the age of 18 years.�
YOUR QUESTION:
What about accident insurance?
ANSWER:
Generally, accidental death insurance is an employer-provided benefit that pays money to the survivors of an employee who suffers an accidental death. The insurance typically does not cover the accidental death of the employee�s spouse or children.
YOUR QUESTION:
What about the $7,600 he owes me in unpaid child support.?
ANSWER:
Notwithstanding the child�s unfortunate death, the obligation for payment of accrued past support continues to be enforceable. Support Enforcement should apply the usual means of debt collection to recover the past-due support for your benefit.
That fact that your son�s father was not actively involved in the child�s life is a wholly irrelevant consideration when it comes to the financial rights and obligations of parents regarding the support of the child.
LDG
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
