Can Child Support Get Life My Life Insurance Proceeds Before My Spouse if I Die

[GBB123]

My question involves insurance law for the state of: FL

I have a child support case open against me from an old relationship in which I have a small amount owed of both back pay and arrears. If I take out a life insurance policy on myself and name my wife as the sole beneficiary, can this be taken to pay child support before she gets it? Or can they not touch it since it won't be probated? I am in Florida.

[Mr. Knowitall]

Is this a life insurance policy you were ordered to buy as part of your divorce judgment in order to secure your future child support obligations?

[GBB123]

No, and we weren't married.

[Mr. Knowitall]

But obviously there is a support order. If you omit the relevant facts, we won't know them.

Life insurance with a designated beneficiary passes outside of the estate and, at least so far, you have not stated any basis upon which the support payee could argue that she has a contractual or legal right to reach those funds.

[GBB123]

Sorry, yes, there is a support order but no stipulation about life insurance for the child/mother. My concern was could the child/mother try and get some of the life insurance I leave only to my wife because I am a little behind in arrears and back pay.

[Mr. Knowitall]

Let's hope you live long enough that it's not an issue.

[mmmagique]

I know you love your wife and want to "provide" for her in the event of your demise, but...don't you love your child more? Who is more capable of providing for themselves? Your wife, or your child?

This is not legal advice. Jmo only.

[GBB123]

Let's hope you live long enough that it's not an issue.

Well obviously, but I wanted to know just in case if she would have any legal claim on the money.

[Betty3]

Based on what you posted, the policy proceeds should not go to anyone other than the beneficiary you name in the policy.