What is the name of your state? PA
This is going to be kind of long so I apologize ahead of time. The situation is: one child lives with grandparents in PA. Father is non-custodial parent. Because grandmother is a non-parent only income receive on behalf of child can be used in calculation of support.
At conference, father's income was set at $3230.00 per month. Grandmother receives SS benefits of $778.00 on behalf of child. Total net income for guidelines calculations was 848.00. Then pursuant to rule 1910.16-3. SS benefits then subtracted back out leaving a support obligation of $70.00 per month to father. My question on this topic is this: does anyone know of any case law out there where the ss death benefits were treated in another manner? (i.e. as income to the party receiving it?) To me, the treatment of SS benefits as defined in the PA code is rock solid and I cant see any court reversing it without the request for a deviation in the guidelines. Any thoughts?
Secondly, the grandmother is the trustee as well as the executrix of the deceased mother's will and trust. Grandmother claims that trust was set up for the children to receive their monies at 18 and she receives no monies from the trust. The deceased mother's will states " the trustee shall pay or apply so much of the income and principal of said trust as the trustee in his sole and absolute discretion shall deem necessary and proper for the beneficiary's support, maintenance, general welfare, care and education, adding any unused income to the principal at the end of each year". Any thoughts on how to argue this? My impressions are that she can take what she wants when she wants and therefore should be included in calculation of support.
I ask this because I have a de novo hearing coming up and I want to make sure I don't miss anything. I am acting pro se.
Thank you
This is going to be kind of long so I apologize ahead of time. The situation is: one child lives with grandparents in PA. Father is non-custodial parent. Because grandmother is a non-parent only income receive on behalf of child can be used in calculation of support.
At conference, father's income was set at $3230.00 per month. Grandmother receives SS benefits of $778.00 on behalf of child. Total net income for guidelines calculations was 848.00. Then pursuant to rule 1910.16-3. SS benefits then subtracted back out leaving a support obligation of $70.00 per month to father. My question on this topic is this: does anyone know of any case law out there where the ss death benefits were treated in another manner? (i.e. as income to the party receiving it?) To me, the treatment of SS benefits as defined in the PA code is rock solid and I cant see any court reversing it without the request for a deviation in the guidelines. Any thoughts?
Secondly, the grandmother is the trustee as well as the executrix of the deceased mother's will and trust. Grandmother claims that trust was set up for the children to receive their monies at 18 and she receives no monies from the trust. The deceased mother's will states " the trustee shall pay or apply so much of the income and principal of said trust as the trustee in his sole and absolute discretion shall deem necessary and proper for the beneficiary's support, maintenance, general welfare, care and education, adding any unused income to the principal at the end of each year". Any thoughts on how to argue this? My impressions are that she can take what she wants when she wants and therefore should be included in calculation of support.
I ask this because I have a de novo hearing coming up and I want to make sure I don't miss anything. I am acting pro se.
Thank you