"John Meyer" wrote in message
. ..
Bob Whiteside wrote:
"John Meyer" wrote in message
. ..
Bob Whiteside wrote:
CS does not terminate if one of the parents die. An inheritance is
considered a gift to the child and does not replace CS payments
required
to
be paid to the CP, i.e. any gift to a minor child does not count
towards
ongoing CS payments owed to the adult judgment creditor.
Okay, a "gift" as in voluntary, right? All right, how about this: I
set up my estate to make those child support payments until the child
turns 18. Also, in my will, I state that the child will inherit
nothing. Let's see how fast it takes them to turn that "gift" into a
right.

I'm not your enemy. I'm just pointing out reality. And obviously this
is
an area of CS law you have not considered before. CS obligations after
death do not automatically end. The courts still have jurisdiction over
both parents' estates and can rule against what is in a will unless the
will
fits into the legal perimeters court's recognize.



I know Bob, and I'm not attacking you. I'm just saying that you'll see
a lot of two-faced judges out there who will turn that "gift" into a
legal right of some sorts. Heads you lose, tails you lose.

There are two gross inequities in family law related to this topic.

First, only the obligor is required to carry life insurance to guarantee
their CS payments. It would seem to me that if the CP actually has an
obligation to provide their share of CS too, then they would also be
required to carry life insurance to guarantee their portion of CS.

And second, life insurance is ordered in a fixed amount. That means the
last payment (let's say it's $500 per month) is guaranteed by the full
amount of the insurance policy (let's say it's $100,000). What really needs
to be done about this is to allow decreasing term life insurance that goes
down in value and cost over the course of the CS payments.