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
I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions. Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To Alexia Esq., ONLY" if you want me to specifically answer it.
Sincerely, XXXXX XXXXX
Your online legal resource!
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"
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).