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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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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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