Legal Question in Family Law in Texas
child suppport/new marriage
I am marrying a man who has a four year old son. He never married the mother and there is no formal custody/child support agreement. He does pay a monthly amount, school tuition, and insurance. After we're married, if he were to die, what would be my legal obligations to the child? Child support, etc?
2 Answers from Attorneys
Re: child suppport/new marriage
You have no obligation for the support of his son. If there is a court order for him to pay support, tuition, etc., then his estate will be obligated to pay any sums that become due after his death.
I suggest you contact a lawyer to draft wills and possibly a property agreement to protect your assets.
Re: child suppport/new marriage
I recommend that the person with the obligation to pay child support purchase a term life insurance policy for the benefit of that minor child so that his obligation is fulfilled and it does not interfer with his new wife and other children.
I also recommend wills and estate planning since I often get phone calls from widows in shock that what they thought they would inherit becomes a total mess with the children from a prior marriage.