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PA: Sperm doner MUST pay child support



 
 
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  #21  
Old May 16th 07, 01:56 AM posted to alt.child-support
Bob Whiteside
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Posts: 981
Default PA: Sperm doner MUST pay child support


"whatamess" wrote in message
oups.com...
On May 11, 2:08 pm, "Bob Whiteside" wrote:
"John Meyer" wrote in message

. ..

wrote:


http://blog.pennlive.com/patriotnews...ourt_rules_tha....
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.- Hide quoted text -

- Show quoted text -


So, once again, children of intact family are NOT entitled to further
financial support
from their parents...in any case, an inheritance...yet the children of
divorce are entitled
once again...sickning.


Another way of looking at this is once the government becomes involved in
making/mandating family decisions, the government never relinquishes its
control over the parents and children. Even with the death of a parent the
government still intrudes upon decisions in a way they would never dream of
doing for an intact family.


  #22  
Old May 16th 07, 10:57 PM posted to alt.child-support
Chris
external usenet poster
 
Posts: 2,421
Default PA: Sperm doner MUST pay child support


"Relayer" wrote in message
oups.com...
On May 15, 9:29?am, " wrote:
On May 14, 1:08 pm, "Bob Whiteside" wrote:



First, only the obligor is required to carry life insurance to guarantee
their CS payments. It would seem to me that if the CP actually has an
obligation to provide their share of CS too, then they would also be
required to carry life insurance to guarantee their portion of CS.


Isn't this part of a due process and equal protection argument in how
child support is ordered in the first place.

I have never seen a Virginia Child Support Order mandate that a
custodial parent pay ONE DIME toward the support of a child - never.
As such, I'm placed into a category of being ordered to support a
child merely because I was named the non-custodial parent.

I'm off to Roanoke, Virginia today, folks. There is a U.S. District
Court hearing relating to a father suing the Prince William County
Circuit Court, which happens to be the jurisdiction all of my support
proceedings take place in. The hearing is obviously a Motion to
Dismiss by the Judges, etc. If it's not dismissed, I'm going to join
as a third-party plaintiff.

The hearing is a 1:30 this afternoon for any local parties who may
wish to attend.


Illinois also does not require the CP to pay a dime towards the
upbringing of the children. The CP could sit on her ass all day,
eating bon-bons and watching soap operas and thats A-OK with Illinois.


That's because they know it's possible to provide for a child without
spending money. "Child support" is nothing more than "for the children"
terminology for backdoor alimony and/or prostitution fees. MOST people know
that so-called "child support" is immoral and corrupt at its very core. So
one might ask: If that is the case, then how come they keep getting away
with it? Answer: Because they have BIGGER guns!


 




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