Provisions for Child Support in the Event Obligor Parent Dies
The legislature approved a new section to the Texas Family Code (Section 154.016) and Governor Perry signed it into law on June 15, 2007. This new section of the code takes effect September 1, 2007.
The new section authorizes a family court to order a child support obligor to obtain and maintain life insurance to satisfy the unpaid child support obligation owing for the child’s benefit in the event the obligor dies.
Note that the statutory language states that the court may order the obligor to do this – not that the court shall order the obligor to do this. I will be interested to see how Texas courts apply this new section and if there will be a socio-economic demographic less impacted by this addition.
What action can be brought if the life insurance premiums are not paid for---Contempt of court?
Mel, you or your attorney would need to file an enforcement action in the court with continuing exclusive jurisdiction. This could lead to contempt, but more than likely, the obligor parent will be required to show proof that he/she is in compliance with the order before the obligor parent is sent to jail.