child support after death

[kidsfirst]

What happens after a spouse who pays support passes on.
What if the estate doesn't have money??
How can they be obligated to pay , if they don't have the
money.
And if so does the amount change over years, or does it
remain the same. The spouse's income come into effect?
I can't understand how they would determine the amount?

[Jenny]

Usually in the separation agreement it addresses this . For instance the payor would be required to carry a life insurance policy to pay the support.

The estate is liable for the support. So assuming the payor has an estate and money and doesn't make provisions for his children( or spouse if paying spousal support) the will should be challenged .

For instance I recieve support and it was agreed that he would just leave his policy in my name until the support obligation was done with- at the amount we agreed at ( of course the policy would be paid out in a lump sum and is more than the support) If he went and changed it I would have to go after his family for the money from his estate( assuming there is money there)


Plus it seems to me that a will HAS to make provisions for minor children or it isn't valid- someone could comment more on this .

[Jenny]

BTW I would think that the amount wouldn't change ( I mean if it was based on his income it would be $0 - since they were dead!)

There really should be something in the separation agreement to address this. If he doesn't have money - get an insurance policy yourself. You actually can insure support payors yourself -as you have a reason to.

[logicalvelocity]

In Ontario, support orders bind an estate regardless if there is a last Will or not.

However, there may be not enough of estate to cover the payable support obligation, as creditors will also have a claim against estate along with testamentary and other funeral expenses.

It would be very wise to have some form of life insurance to cover support obligations.

[Grace]

LV aka Legal Search Engine,

My proposed agreement states that my ex will have an insurance policy in trust for the children "under the standard terms of Separation Agreement Precedent, published by the Law Society of Upper Canada".

I tried searching this Separation Agreement Precedent, with no luck, any help for me and the other members that would benefit from it, would be greatly appreciated.

Thanks
Grace

[Jenny]

From this site here - Jeff has written a bit about this http://www.ottawadivorce.com/li.htm

[kidsfirst]

What happens when the ex is passed away, no life insurance ,
no estate, as he was out of country ,
althought his new wife is getting his Pension amount every month
how fair is this? they have no children together , she lives in
the other country
the ex wife has two children and no life insurance, no estate
to go after ,
can one go after the Canada pension that the other women is receiving?

[Jenny]

The Canada Pension Plan children's benefit is paid to a dependent natural or adopted child of the deceased contributor, or a child in the care and control of the deceased contributor at the time of death. The child must be either under age 18, or between the ages of 18 and 25 and in full-time attendance at a school or university.A child who has lost at least one parent who was a Canada Pension Plan contributor may qualify. For the benefit to be paid, the deceased parent must have met the contributory requirements.

The monthly children's benefit is a flat rate that is adjusted annually. In 2004, the children's benefit is $192.65 per month.

A child may get up to two benefits if:

both parents paid into the Canada Pension Plan for the minimum number of years, and
each parent is either disabled (according to Canada Pension Plan rules) or deceased

a link for cpp survivor benefits for children