Sunday, January 29, 2012

Can a judge order life insurance to protect child support & alimony?

In the case of Child v. Child, 34 So.3d 159 (Fla. 3rd DCA 2010), the court stated the following:
TRIAL COURT ERRED IN REQUIRING HUSBAND TO OBTAIN TERM LIFE INSURANCE TO SECURE ALIMONY AWARD IN THE ABSENCE OF EVIDENCE AS TO THE COST, AMOUNT, OR AVAILABILITY OF SUCH INSURANCE.

The Husband was a self-employed marine electronic technician with a reported gross monthly income of $1,759. Although the Husband was unable to testify as to the number of hours he worked per week, he admitted that if he worked 2 hours per day, 5 days per week, he could make $850 per week. The evidence showed that during the pendency of the divorce, the Husband paid the mortgage and expenses for the wife and children; he also paid credit card bills and children's expenses. The trial court found that husband's income was greater than he reported and imputed an additional $3,000 in monthly income to him. As to the requirement that the Husband obtain life insurance to secure the alimony and child support awards, the District Court held:

"It is within the trial court's authority to order the husband to provide term life insurance to protect the child support and alimony payments. In determining whether to secure support awards, the trial court should consider the need for such insurance, the costs and availability of such insurance, and the financial impact upon the obligor." 

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It is important to have life insurance to support any alimony or child support award because the mother and children need to be taken care of in the event of an untimely death of the father.

1 comment:

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    Child Life Insurance

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