blueberry Posted January 11, 2006 Share Posted January 11, 2006 My guy and I have talked marriage for a while now, but are not yet engaged. He and i are perfect together, and the only thing holding up marriage is me. My issue? He's got 3 kids from a previous marriage, and i want him to be up-to-date and in control of his support payments before I tie myself to him legally. My question... If he falls behind again while we are married, am I obligated to pay for his payments? In his divorce decree it states "the provisions of child support shall be an obligation of the estate of *my guy* and shall not terminate upon his death." the phrasing "obligation of the estate of.." gets me. ... does this really mean I have to pay for his children? (His marriage/divorce were both in TX.) I've checked a number websites, but nothing has given me an answer yet. Anybody familiar with this one? Thanks. Link to post Share on other sites
morrigan Posted January 12, 2006 Share Posted January 12, 2006 If he falls behind again while we are married, am I obligated to pay for his payments? It's a good idea to privately go to a family law attorney and ask about any support laws that may vary state to state. Take a step back and think about all the legal repercussions that might occur if you marry anyone who has previously been irresponsible with finances, especially if you have children of your own. Link to post Share on other sites
Touche Posted January 12, 2006 Share Posted January 12, 2006 This question came up before I got married as well. I'm not in your state though but it was explained to me that in matters of child support, combined incomes do not factor in to the equation...only your spouse's income is factored in. But like I said, I am not in your state so I'd check first. Link to post Share on other sites
Lil Honey Posted January 12, 2006 Share Posted January 12, 2006 "the provisions of child support shall be an obligation of the estate of *my guy* and shall not terminate upon his death." I'm no lawyer, but I read this as meaning, if he dies, his estate (any assets) has to pay for any owed child support. So, if he leaves an insurance policy for a million dollars, the child support will get paid before anyone else gets any portion of the money. Same if he leaves real estate. It would get sold and the proceeds would go to child support. I don't know what the ramifications are for you if you marry him. Be sure to find out. You might consider a pre-nup, so that your current assets and expenses remain yours and his current assets and expenses remain his. Link to post Share on other sites
Roo-bie2 Posted January 13, 2006 Share Posted January 13, 2006 Also if he is constantly behind in child support you might want to make sure you are not the cause............I have known women get pissy because the guy is cheap, doesn't pay for dates, et. Well he has child support that is more important. I would discuss this with a lawyer. You might want to do a pre-numputial to protect yourself. Link to post Share on other sites
Cecelius Posted January 18, 2006 Share Posted January 18, 2006 Ask a lawyer and not advice from an internet board -- insurance policies are not parts of an estate, other things are. Keep in mind that a settlement agreement may be construed as a contract and the child support law may matter more, less or not at all if he died. Ask a lawyer. Link to post Share on other sites
Sheba Posted January 19, 2006 Share Posted January 19, 2006 the Estate is the named beneficiary. If you are the named beneficiary, then the policy proceeds are yours. "Estate" in my jurisdiction would refer to his property remaining after his death, so that does not make you liable. I don't know that every jurisdiction looks at only the income of the payor, not him and his spouse in determning the amount of child support payable. You better find out. Link to post Share on other sites
Curmudgeon Posted January 22, 2006 Share Posted January 22, 2006 "an obligation of the estate" means that his child support obligation would not die with him and a portion of his estate could be attached for whatever amount would still be due under the support order. That's not unusual and the obligation can be met with life insurance or a separate bond. When I divorced I purchased life insurance to ensure ongoing support in the event of my death. As my children have become adults, their portion of the insurance hasreverted to my current wife as the beneficiary. Thanks for the reminder. My youngest turns 18 early next month so it's time to make the switch again. Link to post Share on other sites
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