by Guest » Sat May 17, 2008 03:06 pm
Hello I am married to a man who owes back child support. He was in an accident several years ago and suffered a broken back, and a year and a half ago suffered an aortic aneuyrism that ruptured leaving him with 19% heart function at 42. We are trying for a motion of abatement interstate but cannot afford an attorney to help.
I have a disabled 15 year old child from this marriage. I work and have life insurance set up through work that I pay for and my policy the beneficiary is a trust for my disabled son for the majority with a smaller amount being divided between the other children including my step children. My husband's policy I am the primary benficiary. I live in Florida and believe that I am protected against the child support claim in the event of his death. This continues to be brought up by his ex and his grown children. The first time while I was in the surgery waiting room after being told that he only had 20% of making it through the surgery. The last time yesterday as his middle daughter was visiting and we were ready to take her back to the airport. This makes my husband feel as if the vultures are waiting for him to pass. I have done my best to help his kids over the years and will continue. However my son will always require care and his security is what I was considering when I set up the policy. It isn't a huge one enough to bury my husband and pay off the remainder of our home. Any input. I have enough to worry about and have been watching my husband slowly decline. This is hard enough to deal with. If there is a chance that the life insurance may be tied up I need to get some sort of plan for his final arrangements. Thank You for your help.
I have a disabled 15 year old child from this marriage. I work and have life insurance set up through work that I pay for and my policy the beneficiary is a trust for my disabled son for the majority with a smaller amount being divided between the other children including my step children. My husband's policy I am the primary benficiary. I live in Florida and believe that I am protected against the child support claim in the event of his death. This continues to be brought up by his ex and his grown children. The first time while I was in the surgery waiting room after being told that he only had 20% of making it through the surgery. The last time yesterday as his middle daughter was visiting and we were ready to take her back to the airport. This makes my husband feel as if the vultures are waiting for him to pass. I have done my best to help his kids over the years and will continue. However my son will always require care and his security is what I was considering when I set up the policy. It isn't a huge one enough to bury my husband and pay off the remainder of our home. Any input. I have enough to worry about and have been watching my husband slowly decline. This is hard enough to deal with. If there is a chance that the life insurance may be tied up I need to get some sort of plan for his final arrangements. Thank You for your help.
Posted: Sun May 18, 2008 11:42 am Post Subject:
I don't know if Florida would allow his children to file a claim against his life policy for all the back support, I would think that it ''may'' be possible for his children to file a claim or dispute it...I'll see if I can find some information for you...I'm just certain they couldn't do anything with your life insurance however...
How is it your husband has not been put in jail? In my state that would've happened years ago regardless of his health...Also have they not intercepted his income tax refunds? The back brake accident was there a settlement for that? If so did he not catch up on his support payments then?
I'm very sorry about your husband's health it's terrible....that the grown children are circling however, I do also understand that he owed to support his kids.....
I'll see if I can find anything for you, wouldn't be a bad idea to check into a policy thru a funeral home though re:arrangements... :cry: Is there no help/hope Trish? I will keep you in my prayers you certainly have a full plate.
Posted: Sun May 18, 2008 12:19 pm Post Subject:
All I have been able to find for you is that Florida will allow certain insurance settlements (only lists Bodily injury and workers comp) to be attached for back child support...
Personally I think you need to talk with Florida child support enforcment, you don't need to say it's your husband, pretend it's about YOUR ex...and see if this is possible I don't think it is...The only thing I can think is as his children, they MAY be able (as I mentioned) to file a dispute against his estate. However, I don't know (and doubt) if they would be successful in that...
Posted: Mon May 19, 2008 10:23 am Post Subject:
Just a couple of notes here:
TrishD wrote:
My husband's policy I am the primary benficiary.
Florida statute 222.13 states unequivocally:
Whenever any person residing in the state shall die leaving insurance on his or her life, the said insurance shall inure exclusively to the benefit of the person for whose use and benefit such insurance is designated in the policy, and the proceeds thereof shall be exempt from the claims of creditors of the insured unless the insurance policy or a valid assignment thereof provides otherwise.
TrishD further writes:
I live in Florida and believe that I am protected against the child support claim in the event of his death.
You NEVER were or will EVER be responsible for his back child support.
It's his debt not yours.
You had nothing to do with the creation of that obligation.
They could file a claim in Probate Court but one must have a Probate Estate, i.e. assets in his individual name only, before they could recover anything and my guess would be he owns nothing at this point as an individual sole owner.
Posted: Mon May 19, 2008 10:27 am Post Subject:
WONDERFUL Gary thank you! What (however) does this mean to the OP?
unless the insurance policy or a valid assignment thereof provides otherwise
Posted: Mon May 19, 2008 10:48 am Post Subject:
It means you named your "Estate" as the beneficary or you pledged all or part of the death benefit for a loan under a collateral assignment which in that case the lender would be paid back first and the beneficiary would get the balance.
If you named your "Estate" as beneficiary then the death proceeds would be treated like any other probate asset under your Will and creditors could be paid from those proceeds. The beneficiary collateral assignment information is of utmost importance under certain circumstances.
It is imperative IN FLORIDA that on life insurance policies and annuity contracts that natural persons are named as beneficiary(ies) ALWAYS, unless there is a compelling reason not to such as a disabled child whereby the Irrevocable Special Needs Trust would be named.
Florida Statute 222.14 further states:
Exemption of cash surrender value of life insurance policies and annuity contracts from legal process.--
The cash surrender values of life insurance policies issued upon the lives of citizens or residents of the state and the proceeds of annuity contracts issued to citizens or residents of the state, upon whatever form, shall not in any case be liable to attachment, garnishment or legal process in favor of any creditor of the person whose life is so insured or of any creditor of the person who is the beneficiary of such annuity contract, unless the insurance policy or annuity contract was effected for the benefit of such creditor.
Why do you think OJ bought a house in Florida and has his money in annuities?
Posted: Mon May 19, 2008 10:56 am Post Subject:
GREAT again Gary, this all should put the OP's mind at ease.
Posted: Tue May 20, 2008 12:34 am Post Subject:
I really feel for the op. Been through similar situation before with mu first huisband (died at 32 from kidney cancer). My advise to her would be...if you can just deal with your own problems and stress. Let everyone elses comments go in one ear and out the other. I know it is diifficult but at least it sounds like legaly you are fine. Best of luck to you. My prayers are with you.
Posted: Tue May 20, 2008 12:50 am Post Subject: life
I've never been in the situation you're in, TRISH..but, reading your post made my eyes water. :cry: I just want to let you know I can'relate' to the 'vulture' thing. I have a Life Insurance policy, through the military. Actually..........I recently changed the 'Primary' and 'Contingient' names on it. ..just added a name. However.....my EX STILL thinks he will get something 'out of it' ( I don't know why). he has been off my policy since we seperated..8 years ago. He claims he talked to a lawyer and the 'lawyer; told him he is "still entitled to a % because he is the father of my son." I don't know where in the world he got that info!! Anyway...enough gabbing. Just want to let you know, TRISH, that people are 'on your side'.
Posted: Wed May 21, 2008 10:23 am Post Subject:
What gives him the gull to thi nk he is entitled to anything SD? I am hoping Trish stops back in and updates us. I really feel for her situation.
Posted: Wed May 21, 2008 11:25 am Post Subject: insurance
Yea...i wanna know updates, too. I hope TRISH can get things worked out. "What gives him the gull?"...........because my ex thinks life revolves around HIM and HIM ONLY!! One of those 'types of things'.
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