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My children's father died several years ago. My sister now has custody of them. As custodian, she gets the SS death benefit for them ($3000/month), paid directly to her. Now she is suing me for additional child support, arguing that the SS benefit is the father's contribution and that she is still owed money by me.Is she correct? Ouch. Yes, it is quite possible she is correct, although it would be the children that are owed support, not really her. The other parent generally does not automatically get off the hook for child support simply because the children have survivor benefits because they lost their father. However, different states DO treat it differently.
As noted by Ohio lawyer Morganstern: "In a recent case from Sandusky County, Ohio, mother a non-disabled women was ordered to pay child support to father who was disabled and the custodial parent of the parties two children. The calculation of support by the trial court followed the Supreme Court's mandates as mother was not given any credit for the SSDI payments received by father .Despite mother's arguments that the result was unfair, the Court of Appeals was bound to follow the ruling by the Supreme Court. The Court of Appeals noted that the calculation leads to a fair result because if the parties were still married the children would receive the benefit of the payments as well as the benefits from both parents' income." http://www.examiner.com/family-law-6-in-cleveland/stanley-morganstern
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Does it make any difference that my sister has only had the two kids as temporary custody? I just got my son home this week. I am willing and able to bring my daughter home also but she is 13 and doesn't want to leave her school and friends. Keeping my daughter is not a "need" but due to "greed"
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