My client is disabled (on SSD) so can't work but has been providing before & after school care, all day in the summer (6 days a week) & on sick days/holidays/school breaks. Because mom has more overnights, the court said previously that my client isn't entitled to child support. That was when he was first disabled & still hospitalized periodically and before it was really established that would be able to provide the daily care. Mom makes $6500/mo & is getting the social security benefit for the child of about $1000/mo. Dad gets $1928/mo in social security. I feel like if the roles were reversed it would be a no brainer for the Court to allocate the SS money and child support to the disabled caretaker. Does anyone know of any case in which the parent with more overnights was required to pay child support? Or where mom was required to pay dad?

Krista Lynn Haley, Esq.

(908)334-8741 (mobile)

Original Message------

My client is disabled (on SSD) so can't work but has been providing before & after school care, all day in the summer (6 days a week) & on sick days/holidays/school breaks. Because mom has more overnights, the court said previously that my client isn't entitled to child support. That was when he was first disabled & still hospitalized periodically and before it was really established that would be able to provide the daily care. Mom makes $6500/mo & is getting the social security benefit for the child of about $1000/mo. Dad gets $1928/mo in social security. I feel like if the roles were reversed it would be a no brainer for the Court to allocate the SS money and child support to the disabled caretaker. Does anyone know of any case in which the parent with more overnights was required to pay child support? Or where mom was required to pay dad?

Krista Lynn Haley, Esq.

(908)334-8741 (mobile)

Original Message------

Krista, What happens when you run all the facts through the CSG's worksheet?  Does it show money owing from Mom to Dad? Seems to me the most validated method is to see what the Guidelines say is the presumptive amount due from Mom to Dad.  Depending on how few overnights Dad has, perhaps he doesn't qualify for child support.  But if he does, then you should make your motion. Others smarter than I will give you case citations. The child's SSD is an interesting quirk.  If Dad owed Mom money, the child's SSD would act as an offset to that obligation.  But if Mom is collecting those funds and owes Dad some child support, the child's SSD is irrelevant, seems to me. Hanan   Hanan M. Isaacs, Esq.   t 609.683.7400   f 609.921.8982 e [email protected]   w www.hananisaacs.com 4499 Route 27, Kingston NJ   My client is disabled (on SSD) so can't work but has been providing before & after school care, all day in the summer (6 days a week) & on sick... Family Law   Post New Message   Child Support Reply to Group Reply to Sender Aug 30, 2016 6:17 PM Krista Haley My client is disabled (on SSD) so can't work but has been providing before & after school care, all day in the summer (6 days a week) & on sick days/holidays/school breaks. Because mom has more overnights, the court said previously that my client isn't entitled to child support. That was when he was first disabled & still hospitalized periodically and before it was really established that would be able to provide the daily care. Mom makes $6500/mo & is getting the social security benefit for the child of about $1000/mo. Dad gets $1928/mo in social security. I feel like if the roles were reversed it would be a no brainer for the Court to allocate the SS money and child support to the disabled caretaker. Does anyone know of any case in which the parent with more overnights was required to pay child support? Or where mom was required to pay dad? Krista Lynn Haley, Esq. (908)334-8741 (mobile)   Reply to Group Online   View Thread   Recommend   Forward     You are subscribed to "Family Law" as [email protected]. To change your subscriptions, go to My Subscriptions. To unsubscribe from this community discussion, go to Unsubscribe.

Original Message------

My client is disabled (on SSD) so can't work but has been providing before & after school care, all day in the summer (6 days a week) & on sick days/holidays/school breaks. Because mom has more overnights, the court said previously that my client isn't entitled to child support. That was when he was first disabled & still hospitalized periodically and before it was really established that would be able to provide the daily care. Mom makes $6500/mo & is getting the social security benefit for the child of about $1000/mo. Dad gets $1928/mo in social security. I feel like if the roles were reversed it would be a no brainer for the Court to allocate the SS money and child support to the disabled caretaker. Does anyone know of any case in which the parent with more overnights was required to pay child support? Or where mom was required to pay dad?

Krista Lynn Haley, Esq.

(908)334-8741 (mobile)

Just a thought, but what if you divide the derivative benefit based upon the percentage of overnights?

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Mitch Steinhart, Esq.
Bergen County Board of Social Services
Rochelle Park, NJ

Original Message:
Sent: 08-30-2016 20:26
From: Hanan Isaacs
Subject: Child Support

A PPR with more income and more overnights could be liable for some child support to a lesser earning PAR.  Why is that unworthy of recognition or enforcement?  Just because Her Honor has not seen that before is no basis for rejecting it.  From what you say, he is entitled to child support. Hanan Hanan M. Isaacs, Esq.   t 609.683.7400   f 609.921.8982 e [email protected]   w www.hananisaacs.com 4499 Route 27, Kingston NJ