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Thread: Can i get child support from my child's father if he is on disability?

  1. #1
    Ty0517 is offline Junior Member
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    Unhappy Can i get child support from my child's father if he is on disability?

    New York

    I have just moved to NY and i have a child by a guy that lives in GA. He really hasn't done anything for his child and didn't really ever spend time with him! so now that i'm in NY i want to know if i can get some kind of child support from him? when i lived in GA they said i couldn't get any child support from him because he's on disibility but he gets it from his stepdad because he has never worked. I feel that regaurdless of where the money comes from he still made a child and should have to help pay for him! It doesn't matter if they take money out of his check or if they just send my child a seperate check...i jus want him to have to take responsibility for a child he helped create!
  2. #2
    Proserpina is offline Senior Member
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    Quote Originally Posted by Ty0517 View Post
    New York

    I have just moved to NY and i have a child by a guy that lives in GA. He really hasn't done anything for his child and didn't really ever spend time with him! so now that i'm in NY i want to know if i can get some kind of child support from him? when i lived in GA they said i couldn't get any child support from him because he's on disibility but he gets it from his stepdad because he has never worked. I feel that regaurdless of where the money comes from he still made a child and should have to help pay for him! It doesn't matter if they take money out of his check or if they just send my child a seperate check...i jus want him to have to take responsibility for a child he helped create!


    How old is he? Is he on SSI or SSDI?
  3. #3
    Ty0517 is offline Junior Member
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    Quote Originally Posted by Proserpina View Post
    How old is he? Is he on SSI or SSDI?
    He is 23. What is the difference? I know that he gets two checks and one of them is something like a child disability check... srry i don't have that much info on the types of checks he gets all i kno is that it comes from his step father because he has never worked.
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    Proserpina is offline Senior Member
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    Quote Originally Posted by Ty0517 View Post
    He is 23. What is the difference? I know that he gets two checks and one of them is something like a child disability check... srry i don't have that much info on the types of checks he gets all i kno is that it comes from his step father because he has never worked.


    If he's 23, he shouldn't be getting his stepfather's checks.

    If he's getting SSDI - which is doubtful - you can go to SSA and request dependent benefits in lieu of child support.

    If he's on SSI, you can of course apply for child support but even if you get a minimal award (seriously - it will be minimal), you can't have his SSI garnished if he won't pay. He is, at this point, judgment proof.
  5. #5
    Ty0517 is offline Junior Member
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    Quote Originally Posted by Proserpina View Post
    If he's 23, he shouldn't be getting his stepfather's checks.

    If he's getting SSDI - which is doubtful - you can go to SSA and request dependent benefits in lieu of child support.

    If he's on SSI, you can of course apply for child support but even if you get a minimal award (seriously - it will be minimal), you can't have his SSI garnished if he won't pay. He is, at this point, judgment proof.
    well from what i was told in GA by the child support office, they can't take anything out of his check...and because he has not worked and is getting his disability from when his stepdad worked my child is not eligable to receive a check either. Will it be any different because we're in NY now? It's really not right that my child is not entitled to anything...and he doesn't have to take responsibility.
  6. #6
    Banned_Princess is offline Senior Member
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    Quote Originally Posted by Ty0517 View Post
    well from what i was told in GA by the child support office, they can't take anything out of his check...and because he has not worked and is getting his disability from when his stepdad worked my child is not eligable to receive a check either. Will it be any different because we're in NY now? It's really not right that my child is not entitled to anything...and he doesn't have to take responsibility.
    if he doesn't work, the amount you will be awarded in NY is 50.00 a month.
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  7. #7
    Proserpina is offline Senior Member
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    Quote Originally Posted by Ty0517 View Post
    well from what i was told in GA by the child support office, they can't take anything out of his check...and because he has not worked and is getting his disability from when his stepdad worked my child is not eligable to receive a check either. Will it be any different because we're in NY now? It's really not right that my child is not entitled to anything...and he doesn't have to take responsibility.


    I'm not sure you have all of the facts actually but regardless, if he's getting SSI the state isn't likely to pursue him for child support.

    It would appear that this was the situation before you got pregnant, yes? So...choose better next time.
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  8. #8
    BL
    BL is offline Senior Member
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    AS BannedPrinces stated the minium amount for NY is now $50.00 per month.

    It's unclear if there was an acual order in GA. or that's what you were told.

    If his income is exempt from garnishment and NY does make an order other methods of enforcement can be utilized , arrears will build up ,etc.

    http://www.nycourts.gov/courts/nyc/family/faqs_support.shtml

    Enforcement methods.


    The Legislature has strengthened and simplified the methods for enforcing child support orders. Many of these methods can be used to collect overdue spousal maintenance also owed to you. In addition, the CSEU may be able to help locate a non-paying parent, collect payments from a parent living in another state, or establish paternity so custodial parents become eligible to collect support.

    If you are having trouble collecting child support, you should call the CSEU or an attorney. Most CSEU services are free and available, whether or not you receive public assistance.

    Income Withholding
    To ensure that custodial parents receive support with less risk of default and delay, all new or newly modified child support orders require that payments be immediately withheld from the wages or other income of the obligated parent, unless other arrangements have been made by the parties. Unfortunately, for old orders, it is usually necessary to wait for missed payments before the obligated parent's income can be withheld for child support payments. If the obligated parent misses three payments, a private attorney or the CSEU may send a notice requiring an employer to deduct past-due support and future support from the person's paycheck. This method of enforcement may also be used if the obligated parent refuses to pay medical support.

    Tax Refund and Lottery Interception
    The CSEU can intercept a parent's federal and/or state income tax refund checks as well as lottery winnings of $600 or more for failing to pay child support.

    License Suspension
    If support is four or more months late, the CSEU can suspend the driver's license of the parent. The court can also suspend professional, business and recreational licenses of the obligated parent.

    Notifying Credit Bureaus
    If the obligated parent has failed to pay $1,000 or two months in support, the CSEU can notify the major credit rating agencies to prevent extension of credit.

    Making the Obligated Parent Post a Bond
    If the custodial parent convinces the court that other enforcement methods will not work, the court can order the obligated parent to deposit a sum of money, or bond, with the CSEU or a private attorney. Then support payments can be deducted from the money whenever there is a default.

    Getting a Money Judgement
    If the custodial parent keeps accurate records of the amount owed, the courts can issue a money judgement. A judgement is very important because without it, there could be a problem collecting support. It's good for 20 years, and even if the parent doesn't have any money when it is issued, it can still be enforced if he or she has money in the future.

    Seizing Assets or Placing Property Liens
    The CSEU can freeze the obligated parent's bank account, IRA, or other financial assets and seize the amount of money owed. The CSEU can also place a lien on real estate or personal property, like cars or boats, after four months of failing to pay support.

    Jail
    A court can impose a jail sentence for willful refusal to pay if they believe no other method of enforcement will be effective.
    Last edited by BL; 07-15-2012 at 08:00 AM.
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  9. #9
    Ty0517 is offline Junior Member
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    Quote Originally Posted by BL View Post
    AS BannedPrinces stated the minium amount for NY is now $50.00 per month.

    It's unclear if there was an acual order in GA. or that's what you were told.

    If his income is Judgement proof and NY does make an order other methods of enforcement can be utilized , arrears will build up ,etc.

    http://www.nycourts.gov/courts/nyc/family/faqs_support.shtml
    Thank you.
  10. #10
    Ty0517 is offline Junior Member
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    Quote Originally Posted by Banned_Princess View Post
    if he doesn't work, the amount you will be awarded in NY is 50.00 a month.
    thank you.
  11. #11
    wavehopper27 is offline Member
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    Have any court orders with regards to visitation or child support been made in GA courts?
  12. #12
    OHRoadwarrior is offline Senior Member
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    Quote Originally Posted by Ty0517 View Post
    i jus want him to have to take responsibility for a child he helped create!
    Puhhhhhllleeaaazzze, This was my laugh of the day. You chose to create a child with a person having no life and no future. Now, after the child has been born and needs money spent on it, you think about the child's welfare!!! I think it is your own welfare you are thinking of now.
  13. #13
    Proserpina is offline Senior Member
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    I am not convinced NY has jurisdiction here; OP "just" moved to NY and Dad is still in GA.

    And OHRoadWarrior makes a valid point. Seriously.
  14. #14
    nextwife is offline Senior Member
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    Quote Originally Posted by Ty0517 View Post
    New York

    i jus want him to have to take responsibility for a child he helped create!
    What you "want" is not the issue. You CHOSE a person who had no work history, no social security credits, no private insurance disability payments, and no ability to ever generate an income, outside a miracle. They can't even generate an income to support themselves! My husband's dad died just before he was born, for example, and there was no social security for her to get either, so she never had financial help from the man who "helped create" him. If dad is deemed disabled, he is deemed unable to create an income.

    Realistically and fiscally, this is no different than CHOSING to become a single parent (my sibling adopted as a single parent). Plenty of parents must go it alone.
    Last edited by nextwife; 07-15-2012 at 08:12 AM.

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