PA: Sperm doner MUST pay child support
http://blog.pennlive.com/patriotnews...that_male.html
Superior Court holds sperm donor responsible for child support for children of separated lesbian couple Posted by Reggie Sheffield/The Patriot-News May 09, 2007 13:00PM In what legal experts are calling a precedent, a three-judge panel of the state Superior Court has ruled that a York County man must pay child support for two children of a lesbian couple for whom he acted as a sperm donor. Quoting an earlier court decision, Senior Judge John T.K. Kelly wrote that "stepparents who have held a child out as their own are liable for support; biological parents who have exercised the rights appurtenant to that status can be no less bound." Overturning a Dauphin Common Pleas judge's ruling in the case, Senior Judge John T.K. Kelly Jr. cited a 2004 ruling by Dauphin Common Pleas Judge Scott A. Evans Jodilynn Jacob and Jennifer L. Shultz-Jacob were a couple who lived in York County and who had undergone a commitment ceremony in Pittsburgh and a civil union in Vermont. The couple cared for four children, two of whom were adopted nephews of Jacob's and the other two who she had with Carl Frampton, a longtime friend of Shultz-Jacob's who had agreed to act as a sperm donor. Frampton is also named as an appellant in the case. In February 2006 Jacob and Shultz-Jacob separated, with Jacob moving from York County to Dauphin County. The separation was followed by Shultz-Jacob asking a York County judge for full legal and physical custody of all four children. Later, Jacob asked a Dauphin County judge for child support for two of the children from Shultz-Jacob, arguing that Frampton was "essentially a third parent" to two of the children. Frampton died from a stroke earlier this year. Kelly noted in his opinion that Frampton had held himself out as a stepparent to the children by being present at the birth of one of the children, contributing "in excess of $13,000" over the last four years, buying them toys and having borrowed money to obtain a vehicle in which to transport the children. "While these contributions have been voluntary, they evidence a settled intention to demonstrate parental involvement far beyond merely biological," wrote the judge. |
Sperm doner MUST pay child support
wrote in message oups.com... http://blog.pennlive.com/patriotnews...ules_that_male. html Superior Court holds sperm donor responsible for child support for children of separated lesbian couple Posted by Reggie Sheffield/The Patriot-News May 09, 2007 13:00PM In what legal experts are calling a precedent, a three-judge panel of the state Superior Court has ruled that a York County man must pay child support for two children of a lesbian couple for whom he acted as a sperm donor. Quoting an earlier court decision, Senior Judge John T.K. Kelly wrote that "stepparents who have held a child out as their own are liable for support; biological parents who have exercised the rights appurtenant to that status can be no less bound." During the same-sex marriage/civil union/domestic partner debate I sent an email to both state representative and state senator saying no matter how they proceeded they needed to simultaneous develop dissolution/child custody/child support laws to allow couples to get out of these arrangements. Both responded they saw no need to create new laws covering same-sex relationships. Although I live in a different state from this case, circumstances like this one show the need for legislatures to act and not allow the courts to dictate what the law should be. Just an aside - How in the devil does the appellate court propose the lower court come up with a CS order and visitation plan for the deceased bio-father? |
Sperm doner MUST pay child support
Here's another story, this one from KYW in Philadelphia:
Deceased Sperm Donor Held Liable For Child Support Provided Sperm To Lesbian Couple To Conceive 2 Children (AP) HARRISBURG A sperm donor who helped a lesbian couple conceive two children is liable for child support under a state appeals-court ruling that a legal expert believes might be the first of its kind. A Superior Court panel last week ordered a Dauphin County judge to establish how much Carl L. Frampton Jr. would have to pay to the birth mother of an 8-year-old boy and 7-year-old girl. "I'm unaware of any other state appellate court that has found that a child has, simultaneously, three adults who are financially obligated to the child's support and are also entitled to visitation," said New York Law School professor Arthur S. Leonard, an expert on sexuality and the law. But Frampton, 60, of Indiana, Pa., died suddenly of a stroke in March, leaving lawyers involved in the case with different theories about how his death may affect the precedent-setting case. Jodilynn Jacob, 33, and Jennifer Lee Shultz-Jacob, 48, moved in together as a couple in 1996, and were granted a civil-union license in Vermont in 2002. In addition to conceiving the two children with the help of Frampton, a longtime friend of Shultz-Jacob's, Jacob also adopted her brother's two older children, now 12 and 13. But the women's relationship fell apart, and Jacob and the children moved out of their Dillsburg home in February 2006. Shortly afterward, a court awarded her about $1,000 a month in support from Shultz-Jacob. Shultz-Jacob later lost an effort to have the court force Frampton to contribute support, a decision that the Superior Court overturned April 30. Jacob, who now lives in Harrisburg, said Frampton provided some financial support over the years and gradually took a greater interest in the children. "Part of the decision came down because he was so involved with them," Jacob said Wednesday. "It wasn't that he went to the (sperm) bank and that was it. They called him Papa." The process was very informal, Jacob was inseminated at home. Lori Andrews, a Chicago-Kent College of Law professor with expertise in reproductive technology, said as many as five people could claim some parental status toward a single child if its conception involved a surrogate mother, an egg donor and a sperm donor. "The courts are beginning to find increased rights for all the parties involved," she said. "Most states have adoption laws that go dozens of pages, and we see very few laws with a comprehensive approach to reproductive technology." In his written opinion requiring Frampton to help pay for the child's support, Superior Court Judge John T.J. Kelly Jr. noted that Frampton spent thousands of dollars on the children, including purchases of toys and clothing. "Such constant and attentive solicitude seems widely at variance with the support court's characterization of (him) having 'played a minimal role in raising and supporting' the children," Kelly said. The children knew he was their biological father and attended his funeral, but Frampton opposed the effort to compel support from him. "We made the argument that, according to Pennsylvania law as it stands, there can really only be two adult individuals that can be held liable for support in a child-custody case," said Frampton's lawyer, Matthew Aaron Smith. Shultz-Jacob's lawyer, Heather Z. Reynosa, wants Frampton's support obligation to be made retroactive to when Jacob first filed for support. Frampton's Social Security survivor benefits may also help reduce Shultz-Jacob's monthly obligation. It's unclear how the child-support guidelines, which assume two parents, will be adapted to account for three parents. "That's what's going to be interesting, because there's not a whole lot of guidance out there," Reynosa said. The state Supreme Court is currently considering a similar case, in which a sperm donor wants to enforce a promise made by the mother that he would not have to be involved in the child's life. That biological father was ordered to pay $1,520 in monthly support. About two-thirds of states have adopted versions of the Uniform Parentage Act that can shield sperm donors from being forced to assume parenting responsibilities. Pennsylvania has no such law. |
Sperm doner MUST pay child support
wrote in message oups.com... http://blog.pennlive.com/patriotnews...that_male.html Superior Court holds sperm donor responsible for child support for children of separated lesbian couple Posted by Reggie Sheffield/The Patriot-News May 09, 2007 13:00PM In what legal experts are calling a precedent, a three-judge panel of the state Superior Court has ruled that a York County man must pay child support for two children of a lesbian couple for whom he acted as a sperm donor. Quoting an earlier court decision, Senior Judge John T.K. Kelly wrote that "stepparents who have held a child out as their own are liable for support; biological parents who have exercised the rights appurtenant to that status can be no less bound." Overturning a Dauphin Common Pleas judge's ruling in the case, Senior Judge John T.K. Kelly Jr. cited a 2004 ruling by Dauphin Common Pleas Judge Scott A. Evans Jodilynn Jacob and Jennifer L. Shultz-Jacob were a couple who lived in York County and who had undergone a commitment ceremony in Pittsburgh and a civil union in Vermont. The couple cared for four children, two of whom were adopted nephews of Jacob's and the other two who she had with Carl Frampton, a longtime friend of Shultz-Jacob's who had agreed to act as a sperm donor. Frampton is also named as an appellant in the case. In February 2006 Jacob and Shultz-Jacob separated, with Jacob moving from York County to Dauphin County. The separation was followed by Shultz-Jacob asking a York County judge for full legal and physical custody of all four children. Later, Jacob asked a Dauphin County judge for child support for two of the children from Shultz-Jacob, arguing that Frampton was "essentially a third parent" to two of the children. Frampton died from a stroke earlier this year. Kelly noted in his opinion that Frampton had held himself out as a stepparent to the children by being present at the birth of one of the children, contributing "in excess of $13,000" over the last four years, buying them toys and having borrowed money to obtain a vehicle in which to transport the children. "While these contributions have been voluntary, they evidence a settled intention to demonstrate parental involvement far beyond merely biological," wrote the judge. From the article: "About two-thirds of states have adopted versions of the Uniform Parentage Act that shields sperm donors from being forced to assume parenting responsibilities." This couldn't be FURTHER from the truth! By definition, ALL fathers are "sperm donors". This bears itself out by the fact that the woman ALONE makes the SOLE choice whether or not to give birth. Once a man has given her his sperm, he has absolutely NO SAY in what she chooses to do with it. If she wants to douche it out, keep it in her uterus, create a child with it, etc., she has the SOLE LEGAL right to do so. The man, on the other hand, has absolutly NO rights/control over the sperm. And we all know that if he discards it in a waste receptical and she recovers it, it now becomes her sole and separate property. Such arrangement fully qualifies as being a donation. But don't take MY word for it; check out the word "donate" in a dictionary of your choice. |
PA: Sperm doner MUST pay child support
"John Meyer" wrote in message . .. wrote: http://blog.pennlive.com/patriotnews...ules_that_male. html Superior Court holds sperm donor responsible for child support for children of separated lesbian couple Posted by Reggie Sheffield/The Patriot-News May 09, 2007 13:00PM In what legal experts are calling a precedent, a three-judge panel of the state Superior Court has ruled that a York County man must pay child support for two children of a lesbian couple for whom he acted as a sperm donor. Quoting an earlier court decision, Senior Judge John T.K. Kelly wrote that "stepparents who have held a child out as their own are liable for support; biological parents who have exercised the rights appurtenant to that status can be no less bound." Actually, isn't this the case where the estate has to pay child support? And if that's the case, I have a question: in joint couples, I believe requirements for support stop when you die. There's inheritance, but that is not a regular payment. CS does not terminate if one of the parents die. An inheritance is considered a gift to the child and does not replace CS payments required to be paid to the CP, i.e. any gift to a minor child does not count towards ongoing CS payments owed to the adult judgment creditor. There are three possible scenarios a court can order for CS after the death of the obligor. 1.) Payments can be continued. This is usually by agreement of the parties. 2.) Payments can be converted to a lump sum. This is usually the life insurance value required to guarantee future CS. 3.) Payments can be terminated. All of those options are for dealing with an existing CS order. What is unique about the subject ruling is CS, and how it will be handled in the event of the obligor's death, is going to be set after the obligor has died. And of course, the CS will be allocated between three parents rather than two. When the obligee dies, payments continue until the court order is modified to change the custodian for the children. Then the CS payments are either continued, ceased, modified, and paid to a different custodian. Since the obligee is dead they no longer have the need for housing, transportation, food, etc. so the value of these "saved" amounts are counted as income which is used to establish CS payments to the new custodian. This is one of the scenarios where a second husband can be ordered to pay CS to the bio-dad who gets custody of children after his wife's death. |
PA: Sperm doner MUST pay child support
"Bob Whiteside" wrote in message ... "John Meyer" wrote in message . .. wrote: http://blog.pennlive.com/patriotnews...ules_that_male. html Superior Court holds sperm donor responsible for child support for children of separated lesbian couple Posted by Reggie Sheffield/The Patriot-News May 09, 2007 13:00PM In what legal experts are calling a precedent, a three-judge panel of the state Superior Court has ruled that a York County man must pay child support for two children of a lesbian couple for whom he acted as a sperm donor. Quoting an earlier court decision, Senior Judge John T.K. Kelly wrote that "stepparents who have held a child out as their own are liable for support; biological parents who have exercised the rights appurtenant to that status can be no less bound." Actually, isn't this the case where the estate has to pay child support? And if that's the case, I have a question: in joint couples, I believe requirements for support stop when you die. There's inheritance, but that is not a regular payment. CS does not terminate if one of the parents die. An inheritance is considered a gift to the child and does not replace CS payments required to be paid to the CP, i.e. any gift to a minor child does not count towards ongoing CS payments owed to the adult judgment creditor. There are three possible scenarios a court can order for CS after the death of the obligor. 1.) Payments can be continued. This is usually by agreement of the parties. 2.) Payments can be converted to a lump sum. This is usually the life insurance value required to guarantee future CS. 3.) Payments can be terminated. All of those options are for dealing with an existing CS order. What is unique about the subject ruling is CS, and how it will be handled in the event of the obligor's death, is going to be set after the obligor has died. And of course, the CS will be allocated between three parents rather than two. When the obligee dies, payments continue until the court order is modified to change the custodian for the children. Then the CS payments are either continued, ceased, modified, and paid to a different custodian. Since the obligee is dead they no longer have the need for housing, transportation, food, etc. so the value of these "saved" amounts are counted as income which is used to establish CS payments to the new custodian. This is one of the scenarios where a second husband can be ordered to pay CS to the bio-dad who gets custody of children after his wife's death. This just goes to show you that the "you should pay because you are the biological father" argument is false. If it was true, then there would be no third party in the equation. Needless to say, the "keep it in your pants" argument is also debunked. It's simply about forcing someone to pay a mother free cash whether they are the parent or not. Give it time, and the "justice" system will increasingly expose this truth. My guess is that the categories of folks who get sued for "child support" will eventually expand to the point of including grandparents, aunts/uncles, siblings, neighbors, and even somone who is merely friends with the child. As I said, give it time. |
PA: Sperm doner MUST pay child support
"Chris" wrote in message ... "Bob Whiteside" wrote in message ... "John Meyer" wrote in message . .. wrote: http://blog.pennlive.com/patriotnews...ules_that_male. html Superior Court holds sperm donor responsible for child support for children of separated lesbian couple Posted by Reggie Sheffield/The Patriot-News May 09, 2007 13:00PM In what legal experts are calling a precedent, a three-judge panel of the state Superior Court has ruled that a York County man must pay child support for two children of a lesbian couple for whom he acted as a sperm donor. Quoting an earlier court decision, Senior Judge John T.K. Kelly wrote that "stepparents who have held a child out as their own are liable for support; biological parents who have exercised the rights appurtenant to that status can be no less bound." Actually, isn't this the case where the estate has to pay child support? And if that's the case, I have a question: in joint couples, I believe requirements for support stop when you die. There's inheritance, but that is not a regular payment. CS does not terminate if one of the parents die. An inheritance is considered a gift to the child and does not replace CS payments required to be paid to the CP, i.e. any gift to a minor child does not count towards ongoing CS payments owed to the adult judgment creditor. There are three possible scenarios a court can order for CS after the death of the obligor. 1.) Payments can be continued. This is usually by agreement of the parties. 2.) Payments can be converted to a lump sum. This is usually the life insurance value required to guarantee future CS. 3.) Payments can be terminated. All of those options are for dealing with an existing CS order. What is unique about the subject ruling is CS, and how it will be handled in the event of the obligor's death, is going to be set after the obligor has died. And of course, the CS will be allocated between three parents rather than two. When the obligee dies, payments continue until the court order is modified to change the custodian for the children. Then the CS payments are either continued, ceased, modified, and paid to a different custodian. Since the obligee is dead they no longer have the need for housing, transportation, food, etc. so the value of these "saved" amounts are counted as income which is used to establish CS payments to the new custodian. This is one of the scenarios where a second husband can be ordered to pay CS to the bio-dad who gets custody of children after his wife's death. This just goes to show you that the "you should pay because you are the biological father" argument is false. If it was true, then there would be no third party in the equation. Needless to say, the "keep it in your pants" argument is also debunked. It's simply about forcing someone to pay a mother free cash whether they are the parent or not. Give it time, and the "justice" system will increasingly expose this truth. My guess is that the categories of folks who get sued for "child support" will eventually expand to the point of including grandparents, aunts/uncles, siblings, neighbors, and even somone who is merely friends with the child. As I said, give it time. Fathers can protect themselves by establishing a will. Legal language in a will can be structured in such a way some of these issues can be overcome. For example - I leave $100,000 to my child and this amount is intended to be used to support my child until age 18 in lieu of child support. Should child support be ordered by a court, this amount is to be applied against that court order instead of going directly to the child. |
PA: Sperm doner MUST pay child support
On May 12, 7:52?pm, "Bob Whiteside" wrote:
Regardless of all that crap- "Kelly noted in his opinion that Frampton had held himself out as a stepparent to the children by being present at the birth of one of the children, contributing "in excess of $13,000" over the last four years, buying them toys and having borrowed money to obtain a vehicle in which to transport the children. " Since when does a step parent required to provide support? In addition, why is this money given a show of support, when 999.9999999999999999999999% of the time, money given like that when it is intended AS support but not earmarked as such upfront considered a gift to child/parent by the court. |
PA: Sperm doner MUST pay child support
"Relayer" wrote in message oups.com... On May 12, 7:52?pm, "Bob Whiteside" wrote: Regardless of all that crap- "Kelly noted in his opinion that Frampton had held himself out as a stepparent to the children by being present at the birth of one of the children, contributing "in excess of $13,000" over the last four years, buying them toys and having borrowed money to obtain a vehicle in which to transport the children. " Since when does a step parent required to provide support? In addition, why is this money given a show of support, when 999.9999999999999999999999% of the time, money given like that when it is intended AS support but not earmarked as such upfront considered a gift to child/parent by the court. Because the courts have consistently ruled a gift to the child does not apply against a CS obligation owed to the CP. You may not have thought about this aspect of CS orders before, but this is a most distressing portion of the CS issue. If an obligor or obligee is deceased a legal battle can ensue over who is the next in line to pay or receive CS. CS does not legally end when one of the parents die. Subsequent spouses or heirs can be ordered to pay CS out of inheritances in their names. |
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