Legal Question in Family Law in Texas

child support over age 18, etc.
My husband has a 14-year-old son with TS. He is mentally retarded and has been deemed disabled in the state of Texas. My husband's ex has been receiving $1200 a month for child support for the last 4 years, since she took him back for modification. In the new divorce decree, it says that if my husband were to die that his ''estate'' would have to continue to pay child support for an ''indefinite amount of time'' the child support at $1200 a month.

Does this mean that in the event of my husband's death that I would have to pay her child support for the ''indefinite amount of time'' possibly out of a life insurance policy or money that my husband and I have in savings?

My other question is: Does my husband pay child support forever because the child has been deemed disabled?

Thank you.

Asked on 4/19/04, 4:29 pm

Fran Brochstein Attorney & Mediator

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Re: child support over age 18, etc.

Child support for a permanently disabled child would go past 18.

You need to talk to an estate planner since your husband's estate is obligated to support the child past the age of 18.

I strongly recommend Kevin Alter 713-526-2333.

Good luck!

Fran Brochstein

www.familylaw4u.com

Answered on 4/19/04, 5:15 pm

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