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Life Insurance
In a recent matrimonial case that I handled, I was surprised to hear that the judge presiding over the case did not believe it was necessary for the custodial parent to maintain some form of life insurance for the benefit of the parties' minor child, as was being required of the non-custodial parent. I was so convinced that this could not be the normal practice of our trial judges that I researched relevant statutory authority and case law. However, this judge apparently is not alone. I could not find any reported cases in which a custodial parent was directed to maintain a life insurance policy for his or her child. (There are cases that refer to policies voluntarily maintained by custodial parents, such as Jennifer H.S. v. Damien P.C., 50 AD3d 588 (1st Dept. 2008), in which a trial court's decision not to require the custodial parent to maintain life insurance for his children in excess of what he voluntarily maintained was affirmed.)
This seems to be an unfair and incongruous result given the language and calculations of the Child Support Standards Act, which clearly and unquestionably considers the income of both parents, and assigns a pro rata share of the basic child support obligation to each parent, not just the non-custodial parent. Domestic Relations Law (DRL) ' 240. Why, then, not take the next logical step of requiring both parents to maintain life insurance for the benefit of their child as security for their respective child support obligations which they each, by statute, have?
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