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Child support payments after death?

My DH has two kids (11 & 14) by his previous marriage. We pay on time, we pay for BMs phone service, we pay for clothing & 1/2 medical. We get monthly visits ( since we live far away are granted to DH's mom) and have them for the summer or two weeks depending on BM's plans. I am not allowed to drive the kids anywhere longer than 1 hr, nor am I allowed to call them to chat or to check up on them. In fact for most calls BM will hang up rather than let them talk to me.
DH's job is going to be putting him in hot zones for months at a time. They will not write to him nor will they call him, nor will they answer the phone if I call them during this time.
As I am required to fill out all of the insurance and "just in case" paperwork, I've begun to wonder if DH dies ( a possibility) do I have to keep paying childsupport? and if so will it be adjusted to my income level (which is much lower than DH's) or will it be at the same amount as it currently is?
I'm a bit morbid right now. ....

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Asked by elizabooks at 8:15 AM on May. 3, 2011 in Money & Work

Level 15 (1,946 Credits)
Answers (15)
  • I don't believe you would be responsible for CS at all. They are not your kids and legally you have no claim, rights, or responsibilities to/for them. Now if your DH has life insurance they would probably get some portion... I guess it would depend

    Answer by Nicoles2LilRams at 8:20 AM on May. 3, 2011

  • I believe CS after death is called SSI. My brother just died in feb & left behind 4 kids. His wife gets SSI payments on them til they're 18, plus a small stipend for herself.

    Answer by EgoTryptophan at 8:22 AM on May. 3, 2011

  • If you adopted them then you would be responsible for them but if your husband dies then you have no connection to them so you would not have to pay CS

    Answer by Mom1127-0125 at 8:23 AM on May. 3, 2011

  • Not unless you adopt them.

    Answer by Anonymous at 8:31 AM on May. 3, 2011

  • No, his kids would get Social Security payments that in most cases would be at least as much as their child support, probably more. My dad passed away when I was 7 - my mom took all those payments and put them in an mutual funds, it paid for my college (4 years) and still left about 100K. (Of course, that was in the 80s/90s when the market was doing really well!)

    Answer by missanc at 8:45 AM on May. 3, 2011

  • No you arent responsible for his child support if he dies. The reason you are not given contact with the kids is because they are not yours biologically so by law no one can force BM to allow you to talk to them or whatever. At the same time no one can make you pay child support to them either because they are not legally your kids. Now if he has a life insurance or a will then they would be entitled to whatever portion would be theirs.

    Answer by gemgem at 8:52 AM on May. 3, 2011

  • nope, the bm will have to apply for ss for the kids. if the insurance is through your name then you can drop them. your name probably isn't even the custody agreement unless it state things like you said about not driving them and stuff. honestly i get where she's coming from, BUT sometimes when you have children you have to accept the love that can come from step parents.

    Answer by angevil53 at 8:56 AM on May. 3, 2011

  • I'm assuming that your dh is military. If the worst happens (and as one military wife to another, I pray that it doesn't!) - they would keep their benefits as far as their ID, medical stuff, etc, just the same as any other survivor. They would NOT get his life insurance - because minor children cannot be listed as a beneficiary on it. HOWEVER, if he has a will, he can choose to leave a portion (or all, or, honestly, none of it - though as a parent, that would be a crappy thing to do) to a Trust for the kids - then he would need a will to establish an executor for this. (Base Legal can help with this.)

    You would not be responsible for child support payments.

    Answer by sailorwifenmom at 8:59 AM on May. 3, 2011

  • No, his kids would get Social Security payments that in most cases would be at least as much as their child support, probably more.

    SSI is based on the person's income earning history; it is independent of what, if any, child support payments would be made. missanc it sounds like your dad had worked hard & earned good money. (by the way, I'm sorry; it must be hard to lose a parent so young).

    Doesn't everyone get those morbid little yearly statements from Social Security that say what your kids/spouse would get if you were to die? And what your payments would be if you were disabled?

    Answer by EgoTryptophan at 9:00 AM on May. 3, 2011

  • Also - and again, assuming he is in the military -

    This is very very very important - he REALLY needs to look at and go over his Page 2 in his service record. Because even if he has removed his ex as his next of kin, she isn't listed as his dependent, etc - he needs to make sure that he changed his SGLI and survivor benefit stuff and his next of kin listing over to you and not to her. It does NOT automatically change just because they got divorced and she lost her ID and stuff. Otherwise, if he hasn't done this, and she is still on there, it doesn't matter that she is the ex and you are the current wife - she gets it all, you get nothing - and it could even get ugly over who gets the flag from the coffin.

    If this isn't something that he knows for a fact he's taken care of, I would strongly suggest he talk to his Admin people and check on it.

    good luck - praying he comes home safe and soon!

    Answer by sailorwifenmom at 9:02 AM on May. 3, 2011

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