Can Life Insurance Be Ordered to Secure a Child Support Obligation?

Parents need to do whatever they can to see that their children are protected no matter what comes along in the future. This is true whether they’re living together as a married couple or have ended their relationship. While it’s difficult to safeguard against every potential change in circumstances, parents should consider how the financial cost of raising their children will be addressed in the event that one parent dies before their son or daughter reaches adulthood.

In Shvalb v. Rubinshtein, the Second Department of the New York Supreme Court’s Appellate Division demonstrated how far this responsibility extends by ordering a parent to purchase a life insurance policy that would cover his child support obligation if he passes away. This decision conforms with Section 236{B][8][a] of the state’s Domestic Relations Law, which permits courts to mandate that someone paying child support or alimony purchase coverage to prevent financial injury to their children or former spouse.

If you are going through divorce and will be receiving child support, you should consider how ongoing financial obligations will be met if your ex suffers a disabling injury or untimely death. Though these conversations are sometimes unpleasant, developing a contingency plan as part of your divorce can help you avoid the need for a child support modification later. Failure to make suitable arrangements could put your and your child in serious financial peril if the unexpected happens.

It’s important to remember that in most cases, New York child support requirements last until a son or daughter turns 21 years of age. Payments could be ordered for even longer for a young adult with a developmental disability. Consulting with an experienced family law attorney can help you get a handle on how long an insurance policy should remain in force.

Bryan L. Salamone & Associates, P.C. is the Long Island leader in divorce cases and related family law matters, such as child support disputes. To make an appointment for a meeting with knowledgeable New York attorney, please call 1.631.479.3839 or contact us online.