ROBERTA L. SILVER v. RALPH B. PINSKEY

ROBERTA L. SILVER v. RALPH B. PINSKEY No. 731 MDA 2007 2009 PA Super 183 Atlantic: 981 A.2d 284 Filed: 9/15/2009
	Appeal from the Order entered April 20, 2007 In the Court of Common Pleas of Dauphin County Domestic Relations, No. 2587 DR 99 PACSES #700101608
Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, ORIE MELVIN, LALLY-GREEN*, KLEIN, GANTMAN, PANELLA, AND DONOHUE, JJ.
Opinion by: GANTMAN, J.
Appellant, Ralph B. Pinskey (“Father”), appeals pro se from the support order entered in the Dauphin County Court of Common Pleas, asking us to determine whether the trial court had subject matter jurisdiction to award Appellee, Roberta L. Silver (“Mother”), one half of the Social Security benefits Father receives as representative payee for the children. Father also challenges other sections of the order as unenforceable as written. We hold the court’s jurisdiction in this case is sound, the Social Security derivative benefits at issue can be subject to legal process under 42 U.S.C.A. § 659 to enforce a child support obligation. Nevertheless, we vacate that part of the order setting Father’s basic support obligation at $0.00 and directing him to split with Mother the monthly Social Security derivative payments of $1,164.00. We remand the matter to the trial court to correct the record to comport with the court’s intent to ensure the children will benefit from the Social Security derivative payments regardless of whether they are staying with Father or Mother. We affirm the support order in all other respects.

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