My spouse is paying child support. What can I do to ensure that the support will continue to be paid if he dies?
March 8, 2017
Section 34.4 of the Family Law Act says that if there is a court order about the support, this is binding on the estate, unless the court orders otherwise. However, the situation is often that there is no court order, but the payments are being made voluntarily. If they are being made voluntarily, by way of a written agreement, the agreement should speak to the ongoing support obligations being binding on the estate.
Another way of having funds available is by way of life insurance. If life insurance is available that allows for funds to be set aside for the child, then this would be a factor in deciding whether the estate has to be obligated to contribute. These options can be reviewed and discussed through the mediation process, if the parties are prepared to engage in the mediation approach. How the funds are set up in the life insurance policy can be very important and thus legal guidance would be very supportive of making sure that the best arrangements and plans are made. If they engage a mediator to assist with his, these are financial issues, and thus they should engage a “comprehensive mediator” skilled and trained with financial questions, and thus a good candidate would be a family lawyer/mediator. Our firm has family lawyer/mediators that can assist you in this process.