Legal Question in Family Law in Texas

If in child support/custody orders it says "It is ordered that the provisions for child support in this order shall not terminate on the death of (fathers name) but shall be an obligation of the estate of (fathers name.) Payments recieved for the benefit of the child, including payments from the Social Security Administration, Department of Veterans Affairs, or other governmental agency, life insurance proceeds, annuity payments, trust distributions or retirement survivor benefits shall be a credit against this obligation. any remaining balance of the child support obligation is an obligation of (father's name) estate.

does this mean that even though i'm his wife and we have a child, that if he dies tomorrow any and all survivor benefits I would get go to this ex girlfriend just because her kid came along first? Does this mean that i'll be stuck with nohing and have to figure out how to get by and pay all the death expenses on my own?


Asked on 2/01/10, 9:47 am

1 Answer from Attorneys

Fran Brochstein Attorney & Mediator

You are a smart woman!

When I get people divorced, I strongly urge them to do certain things to protect their future spouses and/or children.

If you (or both of you) want a consultation, I charge $1 per minute to sit down and talk to you about things you need to do.

If you want an appointment, email me at [email protected]

If you don't want to talk to me, I STRONGLY urge you to talk to an attorney immediately.

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Answered on 2/06/10, 12:55 pm


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