Can back child support be held from a life insurance settlement
4 attorney answers
Probably not because the court and custodial parent have no knowledge of the proceeds. However the court can take other things like your tax refunds, cars, and in Illinois your ability to drive by suspending your license. It would be wise to take the high road here and pay your child support. Your children need it.
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There is no reporting requirement for a life insurance company to report a benefit to the Friend of the Court. So if you are the person owed back child support, then you need to hire an attorney immediately and get a court order to seize that money. You could rely upon the Friend of the Court to act, but that is a gamble as to whether they will act quickly and effectively. If the arrearage owed is significant, then some attorneys may do that on a contingency. Now, if you are the beneficiary and owe support, and if the other party is not aware of it, then you should receive the money without any problems. Of course, if the other party or the Friend of the Court finds out you got the money and did not pay an arrearage, then you will likely have a very irritated judge.
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The custodial parent is this case is going to have to undertake the action or miss the opportunity for receiving funds from this source. Tie time to do that is NOW, or any chance of funds from this source will disappear..
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Interesting question. I would say that the answer is no, under Michigan law. If the life insurance company was placed on notice of the claims, however, it might choose to pay the money into court, instead of paying it to the beneficiary. Normally, the payment would be made to the beneficiary and then the beneficiary would be required to pay the child support. The beneficiary might even be required to report this to the friend of the court. The personal representative for the estate is required to notify the friend of the court, if the insurance were paid to the estate.
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