The NH, Sarah Johnson, died in August 2010. During the 12month period before she
died, she lived with her husband Frank and his daughter from a prior marriage, Judith,
along with Frank's two sons. Judith has filed for benefits on Sarah's record as a
stepchild.
During the 12month support period, Sarah had $30,000 in income. Frank's income was
$24,000. Judith received $4,000 in child support payments from her natural mother.
Although Frank and Sarah pooled their incomes, they used Judith's child support payments
exclusively for her own needs such as clothing and medical care. Therefore, we cannot
use the pooled fund method.
Development per RS 01301.070 through RS 01301.080 determined that the value of Judith's room and board for the period was $4,000. Since
Sarah and Frank pooled their incomes, we must compute the proportion of their contributions
to Judith that may be attributed to Sarah. . In order to determine this proportion,
compute the proportion that Sarah's income ($30,000) represents with respect to the
total of her income and Frank's income ($54,000). Since Sarah's income represents
56% of the total of her income and Frank's income, assume that she paid that percent
of Judith's room and board. (This rule applies unless the facts indicate otherwise.)
Thus, Sarah contributed $2,240 ($4,000 x 56%) to Judith's room and board.
In computing Sarah's contributions to Judith's other needs such as clothing and medical
expenses (which totaled $5,000), deduct Judith's $4,000 income from her total expenses,
since this money was used only for her expenses. The remainder is $1,000. Apply the
56 percent calculated above to this $1,000 to determine the amount Sarah contributed
to Judith for these expenses ($560).
The total of all contributions to Judith (from Frank, Sarah, and Judith's mother)
equaled $9,000. The breakdown is as follows:
Judith's income from her mother:

$4,000

Frank's and Sarah's contributions to Judith's room and board

$4,000

Frank's and Sarah's contributions to Judith's other expenses

$1,000

Total cost of Judith's support

$9,000

Onehalf of the cost of Judith's support is $4,500. Sarah's contributions to Judith
($2,240 plus $560) equaled $2,800, which is less than $4,500. Therefore, Judith does
not meet the onehalf support requirement.