Legal Question in Family Law in Virginia
Child support
if my husband is behind in child support $20-30,000. If he dies before me can his life insurance or joint assets be used to pay off that debt?
Asked on 2/27/08, 4:45 pm
1 Answer from Attorneys
Michael Hendrickson
Law Office Michael E. Hendrickson
Re: Child support
You could present the bill for the arrearages to the estate for payment, but life insurance proceeds typically pass outside of probate and assets held jointly by the spouses (with right of survivorship)immediately upon the demise of the owing spouse become the sole property of the surviving spouse and could not be attached to pay these arrearages.
Answered on 2/27/08, 7:00 pm