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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. |
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