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Child Support and Social Security benefits not SSI!

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SeekerNY

Junior Member
What is the name of your state (only U.S. law)? NY

I was once a prominent person in the finance industry. The 2008 financial crisis saw an end to that!

I suffered a stroke during the summer of 2009. I subsequently suffered severe depression and attempted suicide as a result of this.

Fortunately, God did not allow me to be successful in that attempt and I regret any trauma that I may have caused those close to me. I am truly grateful for my life and have sought to rebuild it in the years following.

In 2013, I was taken to Family Court for nonpayment of child support. When I asked why my ex-spouse stated my actions were willful, I did not get a straight answer.

Since then, I have applied for downward modifications of support on 3 separate occasions. Each has been denied. I have had to resort to court-appointed attorneys. I obtained a position as a substitute teacher in New York City, but child support garnished my wages. This was my only source of income. Of every $154.00 I would make, per diem, they took approximately $141.00 of that amount. I lost that job in 2014, as I could no longer afford to go to my job assignments. Family court didn’t seem to care about this.

I applied to social security for disability regarding my earlier stroke and suicide attempt. Doctors told me that as long as I could “flip burgers,” there would be no disability for me. It was suggested that apply for early retirement, as I was nearing that age, which I did last year.

Even better, I was later encouraged to have my ex-spouse apply for benefits for my two daughters, which they were entitled to. This amounts to “from 150 to 180 percent of the parent’s full benefit amount.” I should add that this is more than “twice” what my monthly child support contribution would have been otherwise.

I have always tried to create win-win situations for everyone but neither my ex-spouse nor the Family court judge seems to care.

The family court magistrate “flippantly” says my social security benefits cannot offset my child support obligations. No one questions them on this point!

How can I “tactfully” inform the judge that they are wrong in this instance? These benefits are derived from contributions I have made to social security over the past 40 some odd years. If I didn’t take them now, my children would never see them.

Can someone help me with this matter? No one seems willing to challenge the judge or have an understanding of economics.

P.S.: I am not a “deadbeat” dad!
 


Proserpina

Senior Member
What is the name of your state (only U.S. law)? NY

I was once a prominent person in the finance industry. The 2008 financial crisis saw an end to that!

I suffered a stroke during the summer of 2009. I subsequently suffered severe depression and attempted suicide as a result of this.

Fortunately, God did not allow me to be successful in that attempt and I regret any trauma that I may have caused those close to me. I am truly grateful for my life and have sought to rebuild it in the years following.

In 2013, I was taken to Family Court for nonpayment of child support. When I asked why my ex-spouse stated my actions were willful, I did not get a straight answer.

Since then, I have applied for downward modifications of support on 3 separate occasions. Each has been denied. I have had to resort to court-appointed attorneys. I obtained a position as a substitute teacher in New York City, but child support garnished my wages. This was my only source of income. Of every $154.00 I would make, per diem, they took approximately $141.00 of that amount. I lost that job in 2014, as I could no longer afford to go to my job assignments. Family court didn’t seem to care about this.

I applied to social security for disability regarding my earlier stroke and suicide attempt. Doctors told me that as long as I could “flip burgers,” there would be no disability for me. It was suggested that apply for early retirement, as I was nearing that age, which I did last year.

Even better, I was later encouraged to have my ex-spouse apply for benefits for my two daughters, which they were entitled to. This amounts to “from 150 to 180 percent of the parent’s full benefit amount.” I should add that this is more than “twice” what my monthly child support contribution would have been otherwise.

I have always tried to create win-win situations for everyone but neither my ex-spouse nor the Family court judge seems to care.

The family court magistrate “flippantly” says my social security benefits cannot offset my child support obligations. No one questions them on this point!

How can I “tactfully” inform the judge that they are wrong in this instance? These benefits are derived from contributions I have made to social security over the past 40 some odd years. If I didn’t take them now, my children would never see them.

Can someone help me with this matter? No one seems willing to challenge the judge or have an understanding of economics.

P.S.: I am not a “deadbeat” dad!
Let's clarify something first.

Between your stroke in 2009 and the court action in 2013, did you pay as ordered? You had not applied for disability at that point, correct?

That will be a start.
 

single317dad

Senior Member
To address only the question of "why the ex stated my actions were willful": "willful disobedience" of a court order is a required element of a contempt finding. If one is seeking a finding of contempt (and associated remedial measures), one must put forth that accusation.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY

I was once a prominent person in the finance industry. The 2008 financial crisis saw an end to that!

I suffered a stroke during the summer of 2009. I subsequently suffered severe depression and attempted suicide as a result of this.

Fortunately, God did not allow me to be successful in that attempt and I regret any trauma that I may have caused those close to me. I am truly grateful for my life and have sought to rebuild it in the years following.

In 2013, I was taken to Family Court for nonpayment of child support. When I asked why my ex-spouse stated my actions were willful, I did not get a straight answer.

Since then, I have applied for downward modifications of support on 3 separate occasions. Each has been denied. I have had to resort to court-appointed attorneys. I obtained a position as a substitute teacher in New York City, but child support garnished my wages. This was my only source of income. Of every $154.00 I would make, per diem, they took approximately $141.00 of that amount. I lost that job in 2014, as I could no longer afford to go to my job assignments. Family court didn’t seem to care about this.

I applied to social security for disability regarding my earlier stroke and suicide attempt. Doctors told me that as long as I could “flip burgers,” there would be no disability for me. It was suggested that apply for early retirement, as I was nearing that age, which I did last year.

Even better, I was later encouraged to have my ex-spouse apply for benefits for my two daughters, which they were entitled to. This amounts to “from 150 to 180 percent of the parent’s full benefit amount.” I should add that this is more than “twice” what my monthly child support contribution would have been otherwise.

I have always tried to create win-win situations for everyone but neither my ex-spouse nor the Family court judge seems to care.

The family court magistrate “flippantly” says my social security benefits cannot offset my child support obligations. No one questions them on this point!

How can I “tactfully” inform the judge that they are wrong in this instance? These benefits are derived from contributions I have made to social security over the past 40 some odd years. If I didn’t take them now, my children would never see them.

Can someone help me with this matter? No one seems willing to challenge the judge or have an understanding of economics.

P.S.: I am not a “deadbeat” dad!
The benefits your children are receiving should certainly offset CURRENT child support, but unless your children received any lump sum payments they would not offset your past child support obligations. So if that is what the judge is telling you, the judge is correct.

If the judge is not allowing them to offset current child support either, then the judge is wrong and you need to appeal.
 

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