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Child Support ARREARS and death of non custodial parent Wisconsin

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  • Child Support ARREARS and death of non custodial parent Wisconsin

    Hello,
    My fiance unexpectedly passed away May 21. I was named beneficiary of his life insurance. Two policies. His ex wife put a claim on the policy. In their divorce it stated " John should maintain work life insurance when there is an obligation for child support/ alimony at all times and the ex would be named beneficiary"
    That is all it said. I have had several attorneys online say that because ex is remarried and the children are all grown there is no obligation. However there are arrears and according to Wisconsin state law that would go to his estate.
    The insurance company has been told this several times but decided the ex and I must reach an agreement and if not, go to litigation.
    What is going on? Wisconsin State law means nothing?

  • #2
    It is legally quite possible for arrearages to have claims against the estate. Even in WI. That is mostly a function of the federal CCPA law. Are you explicitly claiming that WI estate law explicitly excludes arrearages? And if so, could you please cite your source?

    Are you personally the beneficiary or is the "estate"? These are legally two very different things.
    "Reality is that which, when you stop believing in it, doesn't go away".
    Philip K. **** (1928-1982)

    Comment


    • #3
      Originally posted by DAW View Post
      It is legally quite possible for arrearages to have claims against the estate. Even in WI. That is mostly a function of the federal CCPA law. Are you explicitly claiming that WI estate law explicitly excludes arrearages? And if so, could you please cite your source?

      Are you personally the beneficiary or is the "estate"? These are legally two very different things.
      My question was: I am legal beneficiary of his policies. The ex wife is disputing the life insurance. I know WI state law says she can claim it in the estate, but there is no estate right now. She is trying to dispute my benefits he left me.

      Comment


      • #4
        My question was: I am legal beneficiary of his policies. The ex wife is disputing the life insurance. I know WI state law says she can claim it in the estate, but there is no estate right now. She is trying to dispute my benefits he left me.
        Last edited by heatherbree; 07-16-2017, 09:49 AM.

        Comment


        • #5
          Meet with a Lawyer not an online (maybe Lawyer)
          http://www.parentnook.com/forum/

          Comment


          • #6
            Originally posted by panther10758 View Post
            Meet with a Lawyer not an online (maybe Lawyer)
            I did. He said same. Unfortunately there was a conflict of interest in the firm and he couldn't pursue.

            Comment


            • #7
              Originally posted by heatherbree View Post
              I did. He said same. Unfortunately there was a conflict of interest in the firm and he couldn't pursue.
              Then try another firm
              http://www.parentnook.com/forum/

              Comment


              • #8
                Originally posted by panther10758 View Post
                Then try another firm
                Uh, I am. In the meantime, I'm looking for knowledge from others on State law. Thanks though.

                Comment


                • #9
                  Attorneys did NOT tend to troll message boards.
                  http://www.parentnook.com/forum/

                  Comment


                  • #10
                    Originally posted by panther10758 View Post
                    Attorneys did NOT tend to troll message boards.
                    Plz stop. I've read a lot of others issues and ppl have been through same issues and have great advice. Plz don't troll me.

                    Comment


                    • #11
                      You requested "Legal advice" that ONLY comes from a licensed Attorney in your area. ANY advice given here is coming fro volunteers who may or may not have legal degrees and may or may not have background in this area. Pay lose attention to word "MAY". Read the below its at bottom of EVERY page



                      The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com
                      http://www.parentnook.com/forum/

                      Comment


                      • #12
                        Originally posted by panther10758 View Post
                        You requested "Legal advice" that ONLY comes from a licensed Attorney in your area. ANY advice given here is coming fro volunteers who may or may not have legal degrees and may or may not have background in this area. Pay lose attention to word "MAY". Read the below its at bottom of EVERY page



                        The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation. Please note that some of our forums also serve as mirrors to Usenet newsgroups. Many posts you see on our forums are made by newsgroup users who may not be members of LaborLawTalk.com
                        I don't want legal advice!!!! People have gone through things similar and may have info to share. I know I can tell ppl alot about handling an estate as I did it for years, but I personally haven't dealt with life insurance. Have a great day.

                        Comment


                        • #13
                          You need to see a local attorney. But if you personally are the beneficiary here, I am not seeing the ex-wife having a valid claim.
                          "Reality is that which, when you stop believing in it, doesn't go away".
                          Philip K. **** (1928-1982)

                          Comment


                          • #14
                            Originally posted by DAW View Post
                            You need to see a local attorney. But if you personally are the beneficiary here, I am not seeing the ex-wife having a valid claim.
                            Thanks. I'm just the fiancé so I have nothing to do with the estate. But, what you've said is what I thought to be true.

                            Comment


                            • #15
                              Life insurance policies and other benefits with a specific, designated beneficiary fall outside the probate estate. Same with items designated in a will. Your issue seems to be that your fiance had a court ordered obligation to 1. pay child support, and 2. maintain a life insurance policy with his ex/estate/children as the beneficiaries. He did neither before his unfortunate passing. I can see where the ex spouse has a valid claim as your fiance apparently decided to ignore his court ordered obligations to his family and name you instead. Whether out of spite, or ignorance, it does not matter. If he did this to avoid complying with the court order, his choice of beneficiary very well may be invalidated. Courts are not fond of anyone disregarding their orders and preventing those already entitled to assets from obtaining them. Not to speak ill of the dead, but the guy sounds like a piece of work. "Fiancee" is not a legal distinction and carries no weight as far as an obligation to support. If you were a spouse or we were talking about another child outside the original marriage, it would be different. This is legally the same as if he made his next door neighbor or some guy on the street his beneficiary. I don't know how the WI courts will come down on this to be honest, but it is possible that she/the children/ the estate will prevail.

                              If you were engaged, I would hope you had sat down and discussed his estate plan, financial obligations, and beneficiaries in the event of his demise. If you didn't get that opportunity before his passing, it is unfortunate.
                              I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                              Comment

                              The LaborLawTalk.com forum is intended for informational use only and should not be relied upon and is not a substitute for legal advice. The information contained on LaborLawTalk.com are opinions and suggestions of members and is not a representation of the opinions of LaborLawTalk.com. LaborLawTalk.com does not warrant or vouch for the accuracy, completeness or usefulness of any postings or the qualifications of any person responding. Please consult a legal expert or seek the services of an attorney in your area for more accuracy on your specific situation.
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