Legal Question in Family Law in Virginia
Collecting child support from a deacesed parent
My son was killed and I am the named beneficiary of his life insurance policy. The mother of his 22 year old daughter is trying to collect back child support from the life insurance policy. The order she has was issued in 1989, and I belive it is no longer valid. Can she do this? She is saying he never paid her anything, but she never followed up on it while he was alive.
1 Answer from Attorneys
Re: Collecting child support from a deacesed parent
Your deceased son's estate would be liable for all valid creditor claims which could be asserted against it, including arreages accumulated as a result of his failure to keep his child support payments current.
However, if the life insurance was directly payable to you upon your son's death and the death benefit never passed directly as an asset into his estate, it may now lie beyond the legal, if not the moral claim of the mother. (Unpaid arrearages accrued under child support orders can remain valid and enforceable for many years
after the subject child of the order attains her majority.
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