Q: I had custody of my children. The mother owed back child support. She ended up dying.
I never received the back child support she owed. I did receive survivor benefits on behalf of my 2 kids. After she died I began to have issues with my youngest child. He would run away, try to commit suicide and self harm. I would take him to the hospital but my insurance would constantly kick him out of Children's Hospital. I ended up putting him in the states care because I wasn't able to get him the help he needed because of my insurance. But I was constantly still seeing him and being a part of his medical treatment with counselors, doctors, social services, etc. Because he was in the states custody they made me pay child support. Which I understand. But what I dont understand is why they didn't include the survivor benefits on behalf of his mother. Should the survivor benefits have been included in the calculation of my support payment? Also HCJFS never sent me an itemized list to prove what my support and survivor benefits was used for. Should mom and I both be obligees?
A: Typically a benefit is only calculated into support if the child is receiving it as a derivative benefit associated with the obligor.
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