Disability Insurance Income and Child Support

[backwardsbike]

Hi Soc.
I posted a couple of weeks ago about getting a deviation form PA child support guidelines due to my only income being less than $1000 per month from a Long term disability insurance policy I had through my work.  

You told me for child support reasons my earning capacity would be zero due to my documented disability.  You also said the money I get would not be income but would be compensation for a loss. PA CSE says it is income and my attorney agrees.

CSE wants to attach my checks for $150 a month current support and arrears of $15 from Oct which is when I became eligible.  I had to be eligible for a whole month before I got a check.  Check and confirmation of the acceptance of my claim didn't come until mid Novemeber.

The only income in my hosuehold is the disabilty insurance and we have two additional kids.  CP makes $60,000/yr and is reportedly selling items on ebay without reprorting that income.

I would like to appeal this award.  I have no other way of increasing my income.  I cannot work.  My DH is also medically unable to work.  We have two children born of our marriage living here full time.

I provide all clothing and boots, snowsuits etc for the children receiving support from me when they visit.  I only have them for four days per month ( EOW half of all holidays and Summer).  Cp sends nothing for them.  I am willing to make an in kind contribution in the way of groceries in the amount of $150.

I have fought tooth and nail for more time which CP fights at every turn.  I have never been proven unfit.

Kids often bring documentation from thier school cafeteria about having been extended credit becasue CP did not refill their lunch account.  Their clothing is all second-hand. Yet CP bought a high priced SUV and a 40 ft camping trailer within the last two years.

Questions:
1. Can you direct me to case law that says my insurance payments are compensation for a loss and not income.

2.Would I be entitiled to a deviation due to the factt hat DH is medically unable to work and so there is nothing else we can do to improve our situation and we have two more children to care for.

3.Can CSE charge me arrears for October when my claim was not approved until November?

4.Due to the disparity in incomes between my household and the CP's household is there anyway to get a deviation?

5.Does PA allow "In kind" payments such as groceries.

6. Can I somehow be given credit for the items I must purchase for the children while they are here?

[socrateaser]

>Questions:
>1. Can you direct me to case law that says my insurance
>payments are compensation for a loss and not income.

Every State has different rules for treatment of income. I am not an expert on PA law. If your attorney says that PA law treats disability income as income for the purposes of calculating support, then he/she's probably correct.

At the moment, I have no time to research this argument. If you want to do the research yourself, buy a month's worth of time on //www.versuslaw.com for $11.95 and see what you can discover.
>
>2.Would I be entitiled to a deviation due to the factt hat DH
>is medically unable to work and so there is nothing else we
>can do to improve our situation and we have two more children
>to care for.

EVERY State has an exception that permits deviations from the guidelines in circumstances where an award of guideline support would be unjust or inappropriate. Your attorney could make that argument, and under the circumstances, probably should make that argument, but, it's up to the judge's discretion to accept the argument.

>
>3.Can CSE charge me arrears for October when my claim was not
>approved until November?

Now that's an interesting argument, too. Support can be made retroactive to the date of filing of the motion/OSC to modify. The question is, are you entitled to receive retroactive benefits from SSDI in October, and did you have any other income in October. If not, then I think you have a good argument against being charged for support in a month that you didn't receive income.

>
>4.Due to the disparity in incomes between my household and the
>CP's household is there anyway to get a deviation?

The word "deviation" has a specific meaning under the support laws. It means that the court has found articuable circumstances that justify an award/denial of support based on something other than the guidelines.

Getting a true deviation is a very difficult and case specific task. It's about persuading the judge that he/she would not be overturned on appeal. Usually, it's better to try to attack the various factors that actually impact the guideline calculation, so that the judge isn't actually deviating -- he/she's just altering the numbers within the guidelines.

However, if you can show that the deduction of $165 per month will effectively put you on the street, then I believe that the judge would make that call, based on all of the facts that you have presented here.

>5.Does PA allow "In kind" payments such as groceries.

LOL. PA CSE gets federal matching funds for every dollar of support it collects. It gets nothing for collecting groceries. Nuff said?

>6. Can I somehow be given credit for the items I must purchase
>for the children while they are here?

Well, if you can show that you are paying a disproportionately high amount of your income to provide necessities that ordinarily should be provided by the other parent who is receiving support, and that the other parent is withholding those items to you, then you could conceivable be given credit. However, once again, this is a true deviation from the guidelines and you will have to persuade the judge, that you are one step away from a blanket on the curb if he doesn't do something extraordinary.