My ex-husband is in the hospital dying of cancer. He is the father of our two children (neither one of us had any more children after our divorce) he did however remarry. He is in arrears about 25k with his child support. He married a semi-wealthy woman and has not worked in the last 10-12 years (by his choice the illness has only affected his working ability the last 6 months or so). I know this sounds quite selfish but if he dies our children will more or less be left with nothing. All of his current assets are in his new wifes name (most were hers to begin with any way). The children are 18 and 20 years old. I have been told two different stories I don't know which is true First story is that they will have to wait until the current wife dies in order to get anything from the estate since it will be all hers upon his death. She has 2 children from her previous marriage and it will be split up between the 4 children. I know she will make sure nothing is left does anyone know?
2007-01-08 12:00:49 · 9 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
I think I get where you are coming from, I myself have been in a similar situation. I don't think you are greedy or cold hearted. Seems to me that this freeloader dumped his first wife and kids and lived off another woman for years and now is dying. He left his kids and you to more or less figure it out for yourselves while he lived off another woman. Men like this suck, and unfortunately about 60 percent of the men in this world will do things like this given a chance (women too). They don't care who they hurt as long as their own needs are being met. I don't know what state you live in but will or no will part of his "estate" belongs to his children. When you marry someone as he did half of what they have is yours. So upon his death (assuming he dies) his current wife will owe "half" of what she owns to the children that were his. Unless they had a pre-nup or a will stating otherwise. I don't think the idiots on here understand that children in this country do without child support and the long lasting effect it has. Its not a matter of greed of lack of conscious, its scum like this man who leave his children with nothing in life or death. While he suckled off his "new wife" he left his original wife and kids out in the cold. Guess he is getting his in the end. You said he had not worked in years that's a shame.
2007-01-09 00:30:02 · answer #1 · answered by melissa g 4 · 2⤊ 0⤋
It really depends, the estate does become hers and its not like she is the one who owes you the money. I would think with your childrens dad dying of cancer you would have more on your mind then child support. I am not trying to be rude, I just think you should be thinking of other things, like how your kids will react to his death. My ex dies owing me plenty of child support and to this day i never have gotten it and really dont care about it. That was in 2001, he was remarried and she got everything. I never did press the issue because i think it is wrong how vultures come out of the woodwork when someone dies. I dont mean to be rude but, my main concern was helping my children deal with there loss. I have no problem raising my kids on my own and no amount of money will bring there dad back.
2007-01-08 12:10:46 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Your Ex-husband dying in my oppinion,is paying his dues. Be glad that you have your health and your 2 grown kids have theirs. So what does it matter what the other wife has she has spent how many years and is still married to him she is probably feeling her loss more than you and isn't thinking about money.Its very sad that you are displaying this attitude when the man is going to die. I have a 16 year old who father is in way more arrears than that for one kid, and i wish that he were in your husbands place and I wouldn't give a thought on money, I know that sounds mean too but like you we all have our reasons for the anger we have. do what you want and don't ask anyone except an attorney for advise, there are alot of angry parents out here and you might end up more upset than when you started,good luck to you.
2007-01-08 12:16:01 · answer #3 · answered by *queenfairy1*Antioch California 7 · 1⤊ 2⤋
If it belongs to her then you do not have much chance. The only thing you can do is contact a family/divorce lawyer and he might be able to help you file a lean against the estate. You are owed money so there might be a chance for you to get something.
2007-01-08 12:05:57 · answer #4 · answered by artist-oranit.com. 5 · 0⤊ 0⤋
You need to talk to an attorney. It depends on the area where you live, and the laws for your area.
Where I am, the new wife could remarry and in her will, she can leave her assets anywhere she likes.
2007-01-08 12:07:22 · answer #5 · answered by Faith 4 · 0⤊ 0⤋
There needs to be a will involved on your ex part to make sure his kids are cared for if that's his intention. If not, he'll burn in hell and that's the only consolation you'll have from his death.
2007-01-08 12:35:27 · answer #6 · answered by msthinkpositive 5 · 1⤊ 0⤋
get a heart if you are worried about supporting your children then you get a job look at the suituation both your children are old enough to work and make their own money quit worrying let your children have their last days with their father
2007-01-08 12:36:49 · answer #7 · answered by poptart 2 · 1⤊ 2⤋
if everything is in her name, than her estate will go to her kid's, unless she wills your kids something. depends on her will and who she leaves her as setts to. but if it were all hers to begin with, why would she feel obligated to leave anything to your kids? if he leaves everything to her in his will, it all goes to her, as the surviving spouse. if he wants your kids provided for he needs to put it in a will.
2007-01-08 12:16:34 · answer #8 · answered by jude 7 · 0⤊ 0⤋
Why do you want her possessions?You stated most of it was hers. You are looking for a free ride for your kids. You're mighty cold.
2007-01-08 12:26:57 · answer #9 · answered by Anonymous · 1⤊ 2⤋