Can they do this???

[naquira]

I live in PA an I just recieved child support papers from my son's father...We have shared custody(50-50). Now, I have 2 other children from a previous relationship that get death benefits. The only other household income is from a part time job making approx. $900 per month(gross). Can my children's death benefits be used in calculating child support to my son's father???

 

[mistoffolees]

I live in PA an I just recieved child support papers from my son's father...We have shared custody(50-50). Now, I have 2 other children from a previous relationship that get death benefits. The only other household income is from a part time job making approx. $900 per month(gross). Can my children's death benefits be used in calculating child support to my son's father???

Of course he can ask for child support. Of course, if you have 50:50 custody and he's making more than you, then he is the one who should be paying.

Note, however, that you can be imputed a full time income. It's hard to imagine how you expect to be able to properly care for 3 kids on $900 month plus death benefits.

 

[CSO286]

No they would not use the other childrens' Death benefits to calculate your income for child support purposes.

You should however expect to be imputed income equal to full time minimum wage. The court expects that if you have children, you will work to provide for said children.

 

[LdiJ]

No they would not use the other childrens' Death benefits to calculate your income for child support purposes.

You should however expect to be imputed income equal to full time minimum wage. The court expects that if you have children, you will work to provide for said children.

However, dad would also be imputed the same, which would put them at, at least the same income level, therefore there shouldn't be any child support. Therefore this makes little sense.

I am wondering if dad is receiving state benefits for the child and that is why a support case has been filed.

 

[mistoffolees]

However, dad would also be imputed the same, which would put them at, at least the same income level, therefore there shouldn't be any child support. Therefore this makes little sense.

Which is why I suggested above that Dad might be the one who had to pay support if they really are at 50:50.

I am wondering if dad is receiving state benefits for the child and that is why a support case has been filed.

Possible.

Or it's not really 50:50 (see the other thread about 50:50)

Or any number of other things.

Sorry, I'm just cynical today about how much of the story we're actually getting from some posters. This one strikes me as one where we're not getting the facts.