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Old May 11th 07, 07:08 PM posted to alt.child-support
Bob Whiteside
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Default 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.