Life Insurance

When there is Life insurance on a spouse that has an ex-wife and minor child and spouse that dies is behind in child support can ex-wife take life insurance benefits that are the current spouses?


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2005-09-20 02:19:25
2005-09-20 02:19:25

No, if she was the named beneficiary the benefits belongs to her, and she has no legal responsibility for the deceased's children.


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In general, child support is a percentage of net income. Child support can be garnished from Unemployment Insurance Benefits.

No, but 20% of your income can be used in calculations. see link

Yes. All Social Security benefits are subject to garnishment for child support arrears and/or current obligation.

New Mexico laws allow the court to order spousal support to be paid in the following ways:1. Rehabilitative support that provides the receiving spouse with education, training, work experience or some other rehabilitation to increase that spouse's ability to earn income and become self-supporting;2. Transitional spousal support to supplement the income of the receiving spouse for a limited period of time;3. A single sum to be paid in one or more installments.When making determinations concerning spousal support to be awarded, the court shall consider:(1) the age and health of and the means of support for the respective spouses;(2) the current and future earnings and the earning capacity of the respective spouses;(3) the good-faith efforts of the respective spouses to maintain employment or to become self-supporting;(4) the reasonable needs of the respective spouses, including:(a) the standard of living of the respective spouses during the term of the marriage;(b) the maintenance of medical insurance for the respective spouses; and(c) the appropriateness of life insurance, including its availability and cost, insuring the life of the person who is to pay support to secure the payments, with any life insurance proceeds paid on the death of the paying spouse to be in lieu of further support;(5) the duration of the marriage;(6) the amount of the property awarded or confirmed to the respective spouses;(7) the type and nature of the respective spouses' assets; provided that potential proceeds from the sale of property by either spouse shall not be considered by the court, unless required by exceptional circumstances and the need to be fair to the parties;(8) the type and nature of the respective spouses' liabilities;(9) income produced by property owned by the respective spouses; and(10) agreements entered into by the spouses in contemplation of the dissolution of marriage or legal separation.An award of spousal support shall terminate upon the death of the receiving spouse, unless the court order provides otherwise.40-4-7 of the New Mexico Statutes.

Yes, but unemployment insurance/disability benefits are considered income for purposes of calculating child support.

Yes and they can be open about it. Spouses (married or common-law) are also recognized by the Canadian Forces so they can receive benefits and support too.

Basic Hospital, Surgical, and Medical Insurance Major Medical Insurance Maternity Leave Dental Assistance Plan Group Life Insurance Sick-Leave Plan for Short-term Disability Long-term disability Travel Insurance Vacation Tuition Benefits retirement Program Sources of Support

Yes, if you have an income other than public assistance, such as unemployment insurance benefits or disability pay.

If you are receiving benefits from Social Security Disability Insurance (SSDI), child support can be taken from your SSDI payments. However, if you are receving Supplemental Security Income, that cannot be seized for child support.

The parents of the child are liable for support - not their spouses.

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No. It's only the biological parents who child support, not their spouses.

No; as the term implies, spousal support is for spouses. However, you ought to be able to receive child support.

Spouses are not responsible for their spouses' children. However, to collect past-due support, the State may place liens and intercept payments that involve the new spouse.

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No. The child's parent is responsible for paying child support.

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No. Life insurance benefits are not eligable for taxation unless the insured passed away without assigning a beneficiary. In this situation the benefits are paid into the deceased's estate and are subject to any back taxes or child support owed by the deceased, or the would be inheritor. Cash value is not the same as an insurance benefit and may be taxable in some situations. Group (employment) insurance has no cash value.

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