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than one year to live? The man has a bad heart and is not a good candidate for a transplant.

Just got off the phone with the man's sister. His ex-wife also gets the Social Security Disability Children's Benefit. A Texas Court said that the children's benefit is not child support and cannot be deducted from what he owes. They are already losing as a result of his not working and paying the full amount owed based on his earned income. Further, 50% of his parents estate, upon their deaths, must go to the man's ex-wife, to help cover any arrearage that accumulates after his death. Now, is it me, or does this sound a little nuts?

2006-10-09 17:29:16 · 13 answers · asked by Anonymous in Family & Relationships Marriage & Divorce

Interesting comments below. He should be made to suffer further, and live on $400 a month, just because he's dying. The widows from intact couples don't get this benefit.

2006-10-09 17:36:32 · update #1

13 answers

Yes, this does sound nuts especially since he is dying. I am sorry to hear about that by the way. I know here in Canada the rule is that if your child's father is on welfare or disability the mother is not entitled to any support from the father because it would be a hardship on the father then. I can however understand the 50% of his parents estate upon their deaths issue. Since his parents would be giving him half of their estate if it is only him and his sister. If their are more siblings then this does not make sense. His parents should be able to put in a condition that the children are to recieve this only that the ex-wife is not entitled to it. Which would obviously mean setting up a trust for the children and assigning someone to manage this which does not have to be the mother. This women seems very heartless if she is doing this on purpose to him. I have a similar situation in the sense that my son's father who I am no longer with is a drug addict. He will not live more then another five years because of his problem. My child isn't living in luxury but he has what he needs so I see no reason to go after him for child support that I know he won't pay because of his drug problem. I am more concerned with my son knowing his father while he still has a chance to do so. I let him come and see his son at my home where I can make sure he is not doing drugs in front of him and he is not in harms way. I really feel sorry for this man and his family I wish I could help more. I apologize for any spelling errors my spell check does not seem to be working properly today.

2006-10-10 07:14:25 · answer #1 · answered by gettingmadtoday 5 · 0 0

Well, its really a question of how will the child be provided for otherwise? Although it may seem a little harsh you are talking about approximately $66 dollars. Kids cost WAY more than that. Typically, a court will take into account hardship when making a child support determination. Did your friend already submit documentation of the harship this would cause?

2006-10-09 17:34:48 · answer #2 · answered by Smart_ca_latina 2 · 0 0

I have a friend in the same pickle, and we have talked about it. Yes i think he should pay for the children he had made, but at the same time he should be left with enough to still live, Now I don't know how she would be in titled to anything from his parents after there death there his parents not hers. something is not right there.

2006-10-09 17:40:42 · answer #3 · answered by babyrose26_2001 2 · 0 1

He helped make the children he should be paying child support...That's life...and death.

2006-10-09 18:31:03 · answer #4 · answered by Anonymous · 1 0

No it does not sound nuts. It sounds like he is trying to shirk his responsibility. He helped make them and until he is dead it is his obligation to help support them.

2006-10-09 17:31:29 · answer #5 · answered by Anonymous · 0 0

aw papa bear----thats not right--try to get an attrny and doctors collaborative note of the mans condition and mental state--i dont know if that will help-----

2006-10-09 17:31:44 · answer #6 · answered by darkangel1111 5 · 0 0

no i say he made kids he pays for them ,, when you have children you live your life around them not them around you ... if he is dieing soon that should be more of a reason to help out now

2006-10-09 17:31:41 · answer #7 · answered by t_ibrahim 5 · 1 1

the situation you describe is pure insanity. the word unfair doesn't even come close to describing this tragedy of justice.

2006-10-11 12:08:56 · answer #8 · answered by ? 5 · 0 0

More than a little nuts.

2006-10-09 17:34:13 · answer #9 · answered by Laura Renee 6 · 0 0

Shut up and take care of your child... It costs money to take care of a child...even when he/she is asleep. Pay your dues. PERIOD

2006-10-09 17:35:11 · answer #10 · answered by Jacks036 5 · 2 1

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