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Can You Legally Require The Father Of Your Child To Get Life Insurance?

Posted July 17, 2009 – 4:19 pm in: structured settlements FAQ

Mother and father never married. Father’s name is on birth certificate and he does pay child support and daycare, and has for four years. He’s now re-married with a new baby and I’m realizing if he should die, the new wife and baby would get everything, right? I just want to protect my child’s future. He refuses to talk about the need for a life insurance policy for our child.

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6 Comments

  1. curious7
    Posted July 17, 2009 at 4:19 pm | Permalink

    This is not something that is usually addressed in a child support order. Your child would be entitled to social security benefits if he dies. You should consult an attorney about what your child might be entitled to receive from the estate. If he has nothing, there is nothing to worry about.

  2. Page1344
    Posted July 17, 2009 at 4:19 pm | Permalink

    No

  3. packerma
    Posted July 17, 2009 at 4:19 pm | Permalink

    The court can order him too. My husband has to carry a policy just for his kids from his first. If he doesn’t he’s in violation of the court order.

  4. mom of many
    Posted July 17, 2009 at 4:19 pm | Permalink

    A court could order it but highly unlikely…as if he dies, you would receive social security benefits for your child instead of child support. And the courts can’t force a parent to leave their child something in their will. He could have a life insurance policy and have his beneficiary be an animal shelter or some charity if he wants. You sound a little jealous maybe that he’s remarried. Be grateful for the child support and daycare.

  5. cladiusn
    Posted July 17, 2009 at 4:19 pm | Permalink

    The court can order him to pay child support, get medical insurance. Have not seen them force anyone to get life insurance tho.

  6. jandrkel
    Posted July 17, 2009 at 4:19 pm | Permalink

    you do not have a standing as to get an order to have the father insure his life.
    should the unfortunate happen, it depends if there is a will or not and as to how the estate is probated.
    easiest solution? you take out a whole life insurance policy on your father’s child – this is relatively cheap – and name your child the beneficiary.
    better way to spend the money than to obtain counsel and lose in court.
    i hope this helps.

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