What happens about child maintenance if xh dies?

[noche]

Had a sudden thought last night that if ex dies, would I get anything for DD for maintenance? He has now bought a house with new partner so i guess the house would go to her in the event but if I didn't get the maintenance he currently gives me we would have to sell up. Had a bit of a panic and just thought I ought to find out.Does anyone know?

He would need to make arrangments to ensure either an income or a lump sum for your daughter in the event of his death. You should discuss this with him and also find out what he has done about a will etc.

Unless your exh wrote a will stating that his partner gets everything then your dd will get his share of the house. But, I do not know about the rest.

Would the house thing not depend on whether house purchased on a joint or common basis -or maybe that is just Scotland can't really remember. Not a great help. You really need to ask him thou'.

Also you could take out a life assurance policy in the event of him dying as you have an 'insurable interest' in his death - i.e. his death would impact your daughter. Would only last until she was an adult thou'. And presuming he isn't 67 and smoking 40 a day it wouldn't cost you too much.

My DH has a life insurance policy which allocates a certain amount to DSD. A lump sum will be paid into an account for her when she is 21 and he mother will recieves a monthly amount till she is 16.

I think (not 100% sure though) that if you lo was written out of her Dad's Will then you would be able to challenge it, on her behalf - as he was providing for her at his death and failed to make adequate provision for her in his Will - a solicitor could confirm this.

Remember though that challenging a Will may be a lengthy and expensive process (not to mention upsetting for all involved), so it would be much better for him to sort it out while he was alive. He could either make provision in his Will or through an insurance policy. Could you talk to him about it? If you are worried then you could spk to a solicitor or try asking at your CAB

If exh had willed everything to his partner, you could take legal action against the estate on dds behalf for support as a dependent. But that would take time and be expensive.

If he leaves no will, then as his dependent dd is entitled to his assets (shared with other dependents).

Both options mean getting involved in a legal process, which takes money out of the pot.

Much better to ensure a will is made, and everything in order.

Have you specified what happens to dd in thew event of YOUR death?

yes will have to ask him but he is not the easiest man in the world to talk to. Plus also he is a compulsive liar so what he tells me and what is the truth may well be very different!

I guess DD might get a lump sum in trust or something but that's not much use to me if I have to keep a roof over our heads now.

Must give it some thought.....

whre are you in the country? I know that in Scotland if you die without a will your estate is carved up amongst your surviving dependants, but I know that the law is different in England. I'm pretty sure though, that unless he has made provision specifically for his new partner then it will still be the case in England as well. So they may be entitled to his half of the house he has with his new partner.

Are you on good terms with him? Can you sit down and discuss it?

Clumsymum, that's a really good point cos no I haven't done anything about my death. I can barely think about it. If she had to go and live with him.....it makes me shudder I can't bear it. I know I should sort it out though.
I just assumed dd would get the whole of my estate as she is my dependent, but would he be entitled to some of it too???

It's a minefield when you're not on good terms and you have no trust to speak of..

Strangely we had this prob on monday dh's dad asked him to lunch to sort out fil will! fil and his lady have never married, fil gf is a lawyer and they needed to safe guard fil gf as dh would of recieved everything of fil's on the event of fil death otherwise. Quite bizzare as fil is 60 and in rude health.

The income generated by any money held in a trust for your daughter could, normally, be used for her benefit until she comes of age to receive the capital. It is usually at the discretion of the trustees, and depends upon how the Will or trust is worded, but they would probably be able to use it to help you to support her.

If your xh dies without a Will, and assuming he hasn't remarried, then his assets would be shared between his children. Whether his house falls into those assets depends on how he owns it with his new partner - if they own it as joint tenants then his partner will inherit his share but if they are tenants-in-common then his share will fall into his estate and be divided according to his Will, or the intestacy rules.

I can't believe it's taken me til now to think about it! We've been separated for 3 years and divorced 18 months.
It worries me anyway that if he just stopped paying maintenance, was made redundant, left the country etc, we would struggle and I don't like the idea that we are dependant on him.

AND it really pisses me off that now he and gf are living together they are loaded-what he pays me is a fraction of their JOINT imcome. And before you all say it I KNOW gf is not liable for dd's maintenance BUT it seems unfair when I can only work part-time due to DD and have all the expenses of house etc, while he is earning 3x what i do and only paying for half the upkeep of their lifestyle because she pays the rest.

Sorry, getting into a mad rant now, but am still seething over their 4 week hols in the US while we went camping in Tenby in the rain!!! AND I had to pat child minder extra days cos he "forgot" I had to go to work and he had agreed to have dd!!

Will stop now!

noche you would find a way to cope just like the thousand of other lone parents do and who arent lucky enough to get maintenance, if you think your ex isnt paying what he should do then go through the csa, you will get 15%of his net wages regardless of who he lives with and what money she has, always protect yourself and dont rely on any maintenance, there shouldnt be a problem of working full time as there are child and working tax credits that pay up to 90% of childcare fees.

Good advice below. A lot of lower earners choose to insure the life of their ex to cover this. Some of us get no help from our children's father and indeed have to pay him as we earn too much! An unfair world.

I paid for my ex to make a will after our divorce in favour of the children but of course he could change it the next day so I've no idea if it's still in place.

This is something that has been a moral dilemma for me....my H had an affair his demented OW got herself pregnant on purpose (don't shout me down she admitted it)....I have one DD with H and anothe ron the way - we are seperated....BUT I am main breadwinner we have built up a little portfolio of properties and his shop/business but I still predominantly support us (and him)....he is not with OW but sees her baby and I have no idea whether he gives her any money ...... BUT I am buggered if my 10 years hard slog with him to build a secure future for MY children will be shared equally with her child (which is what would happen if me and him died together without a will) and even if one of us died first the OW would be able to make a claim on her childs behalf (sorry if this sounds heartless but she is a lazy never worked evil manipulative cow and I have worked my whole life very hard to leave my children secure).....it is bad enough she wrecked my family and broke DD heart without a thought she is not going to steal her future as well.....so we have a CAST iron will which makes my children sole beneficiaries in a number of different scenarios...I have said to H that if in future he has a relationship with OW child and wishes to leave her something of what he has then accrued on his own (not with me) then we can change to include her (excluding OW) in the future...funny how men never thinkof how there stupid actions impact in so many ways

But macd no will of his is cast iron. He could change his will tomorrow to leave everything he has to her. So if say he gets 50% of the assets on divorce (or more if you earn more than him) then that is his property as my husband's propery virtually all came from me etc on the divorce. Then he can leave it where he chooses surely and could make a new will every week if he wanted. Of course if you don't pay him any capital on the divorce that's a different matter.

Aah but we are not divorced yet and at the moment suits me to stay that way as I have say over all joint assets and until I am ready to move on will stay that way ...at that stage we will then change the will according to how we have divided up our assests...at that stage they will be his and hopefully I will be able to handle the OW baby having a share of a much smaller pot .....at the moment he can't really will anyhting idependantly as we are still married it is all in joint names and if he died first it would all go to me as "wife" anyway.....the issue is if something happens to me and that is where the will becomes complicated as we have at the moment put everything in trust (under his control ) for my kids....I know nothing is iron cast but this s as good as I can make it for my peace of mind

macd, sorry to disappoint you but your spouse can make a will to leave money to teh cat's home or mistress whatever. If he does that it is a perfectly valid will but people he supports like a non working wife and children can make a claim under some other law but not always to 100%,just to the amount the court thinks those people need. So your position is not that secure although it's probably unlikely. He could also do what my father did when he and my mother weren't getting on - sever the joint tenancy in the house - so that he can then leave his half to the house where he chooses, the children, the mistress etc even whilst married. And then it doesn't automatically pass to you on his death.

It is illegal to take out life insurance on someone elses life in England and Wales - you can not do it.

Reason being - murder

The only time you can get around this is if you have a business partner and then you can insure each other - it has to be two way and you have to legally be busness partners.

Ivykaty44 - you are right in so far as you can't take out a life assurance policy on a stranger but you are allowed in law (Life Assurance Act (1774)) to take out a policy where there is a financial interest and in particular a financial dependency exists - see below if you are really interested .

It is a fairly common course of action to be honest.

(2) If the subject of the insurance is a particular life of a particular person,
where the insurance is to recover a sum on the death of that person, the
court has recognised an insurable interest where a pecuniary loss
flowing from a legal obligation will or might be suffered on the death
of that particular person:
Halford v Kymer (1830) 10 B&C 724,
Law vLondon Indisputable Life Policy Co (1855) 1 K&J 223,
Harse v Pearl Life Assurance Co [1903] 2 KB 92.

gomez is right, loads of divorcees do it all the time and it's very sensible if you're reliant on that maintenance. Also some directors in a company who are in a 2 man 2 shareholder business do it too so that if the other director dies they have covered too.