Stipulation for change of beneficiary on court-ordered life insurance

[Paid2write]

Hi Everyone,

I am new to this forum and I need some help with wording a stipulation for modification of a child support / custody decree.

Here is the situation:

My ex and I were never married. As part of the decree, it was ordered that my daughter's father obtain and maintain a life insurance policy on himself (the intent is to use the money as child support if he dies before she turns 18) while the child support order is in effect.

Right now, the decree names my daughter as the beneficiary. However, she is a minor, and if he dies, the money will go to probate and then probably a trust, which will mean she will not see the money until age 18 - defeating the whole purpose of WHY I wanted the language in there in the first place.

We had court about two weeks ago for a motion I presented to name me as executor. The judge would not outright change the order. He told us to agree to how we would handle the matter and file a stipulation.

Here is what I need help with:

I need to write legal language that he and I agree to change the beneficiary on the life insurance policy to my name. Also, that he agrees to keep the policy in effect while the child support order is in effect.

I would appreciate any help you all can give!

Thanks!

 

[Duranie]

i suppose you can go to court and ask this. Do you have life insurance with him as beneficiary? What happens if you die? I always wonder why it is the NCP that gets stuck doing this, it should apply to both parents as if the CP dies the NCP will then have to support the child without help.

You are aware though that if Dad dies, you'll still get a SS survivors benefit for your daughter?

 

[Paid2write]

I should mention that her father has never seen her or has any custody of her at all. That is the purpose of the order from the start - to cover the child support costs - not for her to "benefit" from his death.

I have tried to do online research on how to word this stipulation, but have come up with nothing. That is how I found this site.

 

[Duranie]

I realize that but if something happens to you, Dad has a chance to get custody eventually and then he will have the financial burden of supporting the child. I suppose he can always take you back and have the order applied to you as well.

 

[lwpat]

She is the beneficiary, not you since it is for CS, not alimony. The money will be put in a trust with a trustee that can spend the money as needed for her support. The policy needs to be in her name as the owner, that way he cannot change the beneficiary and you will be notifed if he does not pay the premiums.