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  1. #1
    Join Date
    Mar 2011
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    Northeast Ohio
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    Default Can Court Order Life Insurance for Child Support After Divorce

    My question involves child support in the State of: OH
    There is no mention in our divorce decree or shared parenting plan of life insurance. I know if can't be added into the divorce decree, but could the court later order me to have life insurance to cover remaining child support if I die? Is there precendence for this in OH?

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    98,846

    Default Re: Can Court Order Life Insurance for Child Support After Divorce

    What's the issue here? Have you become ill? Have you become delinquent in keeping up with your support obligations?

  3. #3
    Join Date
    Feb 2010
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    CT & IL
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    Default Re: Can Court Order Life Insurance for Child Support After Divorce

    I think a court can order this, why not?

  4. #4
    Join Date
    Mar 2011
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    Northeast Ohio
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    Default Re: Can Court Order Life Insurance for Child Support After Divorce

    No, nothing like that. It's just one of those issues that came to mind.
    In the divorce my ex never negotiated for a life insurance policy to cover alimony or child support if I die. This is a high dollar case, with three young children, we're only in our mid forties, and she has no job or skills. It appears that she just never thought of it. At this point, if I get hit by a bus tomorrow she has no income.
    If it ever occurs to her, and since the court maintains jurisdiction over child support, could she convince the court someday to force me to obtain life insurance to cover child support. Could she challenge my will or life insurance after death to get at the money?

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Can Court Order Life Insurance for Child Support After Divorce

    Let's put it this way. There is nothing in the law that would prohibit her from going back to court and requesting that you obtain life insurance to cover child support. And once she's in court, there's no way for us to predict what the judge might decide.

  6. #6
    Join Date
    Mar 2011
    Location
    Northeast Ohio
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    16

    Default Re: Can Court Order Life Insurance for Child Support After Divorce

    Ok. That's what i wanted to know. Thanks.

  7. #7
    Join Date
    Feb 2011
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    576

    Default Re: Can Court Order Life Insurance for Child Support After Divorce

    Quote Quoting cbg
    View Post
    Let's put it this way. There is nothing in the law that would prohibit her from going back to court and requesting that you obtain life insurance to cover child support. And once she's in court, there's no way for us to predict what the judge might decide.
    This is not entirely correct, since to modify the order, she would have to argue a change in circumstances since the rendition of the last order. And a request for life insurance would not qualify as such.

    if you have a strong income history, social security survivor benefits for your children can easily be more than you are now paying in support, which obviates the need for life insurance to cover lost child support.

  8. #8
    Join Date
    Jun 2006
    Location
    Massachusetts
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    Default Re: Can Court Order Life Insurance for Child Support After Divorce

    Although I do not disagree with what you are saying, my point was that it is not inherently illegal for the ex-wife to make this request. Under what circumstances she would be able to make it was not really part of the issue nor did I address that - the point is that she is not prohibited by law, should the appropriate circumstances arise, for her to make the request. The poster only asked if a court could so order, and one could. He didn't ask for anything beyond that, so I did not address it.

  9. #9
    Join Date
    Mar 2011
    Location
    Northeast Ohio
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    16

    Default Re: Can Court Order Life Insurance for Child Support After Divorce

    All opinions are welcome. Feel free to chime in with any information.
    The soc security is interesting. Hadn't thought of that. Is there somewhere to find out what survivor benefits would amount to?

  10. #10
    Join Date
    Feb 2011
    Posts
    576

    Default Re: Can Court Order Life Insurance for Child Support After Divorce

    Quote Quoting domnule
    View Post
    All opinions are welcome. Feel free to chime in with any information.
    The soc security is interesting. Hadn't thought of that. Is there somewhere to find out what survivor benefits would amount to?
    It's on the yearly statement of benefits

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