Legal Question in Family Law in Texas
Post-Mortem Child Support
My husband is a non-custodial parent. How will his child support obligation affect me and our two children if he dies before his other kids have reached 18yrs. Our home, car, savings, etc. I am a stay at home mom. His ex-wife works. He is current on his support payments.
2 Answers from Attorneys
Re: Post-Mortem Child Support
You personally won't be on the hook for his support payments, but depending on his Decree, his estate may still be. If it is, most of the time any benefits the child receives (social security, etc.) are applied against the obligation.
Re: Post-Mortem Child Support
I agree with Pat.
I encourage husband's to get a separate life insurance policy to cover what he owes in future child support if he dies. Make the ex-wife the beneficiary for the benefit of the kids.
I get a lot of phone calls from second wives after their spouse dies and the estate is obligated to pay $$ to the ex-wife. In other words, his first set of children will get the money due them.
I suggest you meet with a family law attorney to discuss what could happen if he dies. It might give you a lot of peace of mind.
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