Child Support & SS Disability

[rightwing275]

What is the name of your state? NY

Hello, I pay child support to my ex-wife for my children. I became permanently disabled 2 years ago, and I'm receiving Social Security Disability.
Social Security is sending a check to my ex-wife for my youngest child that is still a minor and living with her.

My Question - Does this check amount from Social Security paid to my ex-wife, count as part of the percentage of which I pay? (that is to say...I believe that in NY, child support is based on a percentage of your income.) Presently, I'm paying the "total" percentage out of my Social Security disability check. Above and beyond that, my ex-wife also receives a monthly check from Social Security. Should the payment my ex-wife receives from Social Security count towards (or as part of) the percentage that is required by me to pay. Or is this check she receives from Social Security, above and beyond the percentage (or seperate from the %) that I'm required to pay?

Also, I have accrued arrears. I pay the maximum payment (above and beyond my child support responsibility) every month. Yet when I receive child support payment statements. I fall further behind because of "interest charges". I keep paying and yet I keep oweing more than the original amount. The more I pay, the more I owe. I have my payments taken directly out of my checks, and have done this for the past 8 years. My initial arrears was approx. $5700 dollars. I have been paying the maximum payment above and beyond current child support obligations for 8 years. I now owe $20,000 dollars in back child support.

I haven't missed a child support payment in those 8 years. All of my payments (including arrears) are taken directly out of my checks by NYS CSU, and are based on the maximum that can be taken by NYS CSU from my income. I have repayed the original debt several times over. How can I be $20,000 in the hole?

I have no quarrels with paying my responsibilities, And feel that my children should receive every penny they have coming. But at what point do I break even? As I said, I've repayed the arrears several times over, and my total owed has quadrupled. thank you

 

[rails]

father who is takening custody of my exwife child

I live in Mo and my wife has dumped my kids and her child on my doorstep, after they turn 16-17 I 've been to see a lawer this is going on the third time, the secound time. I told the attorney she would do it again, only this time it's not my daughter all though I have treat her like mine. I am on social security. I get about 1,300 a month she andf her husband makes $240.000 a year and he brages because he was able to give her more than I could. now he had tryed to black mail me by saying that if i tryed to get child support he was going to tell the social secuity that I wasn't her real dad I always treat her better than my own kids because of th fact that I knew she was my own. and I know that the can't do any thing because of the fact I 've allready dicused it with social secuity and they said as long as her name is on the birth certificate that he can't do any thing about it. he's got fellonies on his record, he also has hit my oldest daught and at one point and hit his own kids he's even strangle me and i had to go to court over that issues.
I haven't paid child support persay every mouth but I have give her meal taken her to the movies and clothed her may not what they could since they have more money than I. Because the court said she wasn't mine and at the the time I was so up set that i had told my attorney that I that she wasn't my child. I consider he being mine. She was mine but before we went to court I told him I wanted custodiy of her to. Any way to get to my point do you think I would beable to get custody and child support she is now 17 and still in school. and she wants to live with me. Also my exsticks up for her husband and not her kids.

 

[yugla]

Reply to Rightwing and SS question

Rightwing, I hope this ends up in the correct thread reply. Your situation is exactly mine but custody and disability is reversed. I have custody and my ex has the disability. I wanted to contact you directly but you have opted to not receiving emails. I know by the CT guidelines my ex's benefit and the children’s benefit is separate. The guidelines incorporate monies the children receive from other sources and that offset the total child support amount. Also you do not claim your children’s benefit as part of your income! There are two pies. Yours and your children’s. One child gets all the children’s pie. Two children share the children's pie etc. I would hope that NY Court support family services would know how to compile a CS guideline for you!

As for the arrearages accruing interest. Man that is tough one. Did you file a motion to modify immediately when your income waned? Unfortunately you can not retroactively modify child support arrearages. If you were in a comma for two years and didn't modify the courts still want those two years based on your income when you were working. I have a report of a soldier who was a prisoner of war for 8 months in Iran, who when he was returned home was jailed because he failed to pay child support while in a prison during a war. (not the current Iraq mess).

Send me an email through this site so we can talk, exchange info. I may be able to provide some CT opinions that dam me (mine) that you could use. You may be able to provide orders that are damming you, that I could use to help my children. I will try to sneak my addy in.. yug_la at ahoo dot come.

 

[yugla]

reply to rightwing SS question

Rightwing, I hope this ends up in the correct thread reply. Your situation is exactly mine but custody and disability is reversed. I have custody and my ex has the disability. I wanted to contact you directly but you have opted to not receiving emails. I know by the CT guidelines my ex's benefit and the children’s benefit is separate. The guidelines incorporate monies the children receive from other sources and that offset the total child support amount. Also you do not claim your children’s benefit as part of your income! There are two pies. Yours and your children’s. One child gets all the children’s pie. Two children share the children's pie etc. I would hope that NY Court support family services would know how to compile a CS guideline for you!

As for the arrearages accruing interest. Man that is tough one. Did you file a motion to modify immediately when your income waned? Unfortunately you can not retroactively modify child support arrearages. If you were in a comma for two years and didn't modify the courts still want those two years based on your income when you were working. I have a report of a soldier who was a prisoner of war for 8 months in Iran, who when he was returned home was jailed because he failed to pay child support while in a prison during a war. (not the current Iraq mess).

Send me an email through this site so we can talk, exchange info. I may be able to provide some CT opinions that dam me (mine) that you could use. You may be able to provide orders that are damming you, that I could use to help my children. I will try to sneak my addy in.. yug_la at ahoo dot come.