Can the San Diego Superior Court Judge Order Life Insurance for the Support of the Minor Child or Children in a Child Support Case Whether From a Divorce, Paternity or Legal Separation: 2014

WHY WOULD A SAN DIEGO JUDGE ORDER LIFE INSURANCE TO BE CONTINUED AFTER DATE OF JUDGMENT IN A PATERNITY, DIVORCE OR LEGAL SEPARATION FAMILY LAW CASE?

For many, requiring a spouse to maintain life insurance for the benefit of their ex spouse and/or children after a legal separation, paternity [child support only] or divorce judgment is entered seems unreasonably. Why would a parent or spouse have to keep a life insurance policy when they are divorced? The reason is that, if the payor passes away, then the support would no longer be available without the additional security of a life insurance or annuity policy. For example, in a divorce or legal separation case in which the spouse was a military member and is entitled to a survivor benefit plan, the San Diego Superior Court Judge can order that the military member elect the SBP and also pay for it as and for support. California Family Law Code Section 4012 gives the court the legal authority, upon a showing of good cause, that a parent who is required to make a payment of child support to give reasonable security for that payment. There was also an earlier version of the statute which held that a court could order a parent to maintain the children as beneficiaries of community property life insurance [as reasonable security for the payment of child support] in the event the parent passed away. California Family Law Code Section 2051, upon the entry of an order or judgment in San Diego Superior Court, to require a party to maintain existing life, health, or disability insurance coverage for a child, children or spouse. This is after judgment as the standard family law restraining orders prevent any termination of insurance benefits without a court order. The Judge may require a spouse or parent to purchase life or disability insurance and name the children, child or spouse as beneficiaries.

HOW DOES THE LAW ON SPOUSAL SUPPORT IMPACT AN ORDER FOR LIFE INSURANCE TO CONTINUE POST DATE OF JUDGMENT

California Family Law Code Section 4360 gives the San Diego Judge the authority to order an annuity as replacement for spousal support. California Family Law Code Section 4320, which is the main law for determination of permanent [post judgment] spousal support and the factors to consider, supports the proposition of security for spousal support. The law is that a Judge had the authority to order under circumstances which are just and reasonable to include an amount sufficient to purchase an annuity for the spouse who is supported. In addition, there can be an order to maintain insurance for the benefit of the supported spouse on the life of the supporting spouse. This is not done as a punitive measure against the supporting spouse but, rather, is designed to provide support post death to the supported spouse since spousal support terminates upon death of the payor and/or payee. Orders made under Family Law Code Section 4320 may be modified or terminated at the discretion of the court. This is accomplished by the filing of a Request for Order that there is a change of circumstances and a showing of good cause why the order should not be continued [such as the supported spouse remarrying or winning the lottery]

HOW CAN A SAN DIEGO ATTORNEY FIRM HELP WITH YOUR FAMILY LAW CASE?

The law firm of Doppelt & Forney, APLC has experience with both temporary and permanent child and spousal support orders. All cases are different and feel free to schedule your complimentary and completely confidential consultation about your family law case in San Diego.

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