Disabled, No Income; Facing Jail

[theoryaction]

What is the name of your state (only U.S. law)? Utah

I hate long, whiny threads, and I've got enough people telling me to 'hang in there', so I'm just going to do my best to state the facts of my case, and ask a succinct question. Please don't look at me and assume I'm a deadbeat dad. Or do... this is free advice, so I'll just take what I get.

The Facts

I'm disabled, and I haven't made any money this year. I don't predict any income until I get approved for SSDI by Social Security; my attorney is virtually certain that I will get approved eventually. For now, I have no money, and no ideas on how to get some, so I'm a few thousand dollars behind on child support. My kid's mom filed an Order to Show Cause (http://www.utcourts.gov/howto/family/enforcement/) which led to a contempt charge, and His Honor looking sternly at me and threatening to put me in jail.

I attempted to convince the judge that I was not willfully disobeying the order, but that I was literally unable to comply. I provided letters from my doctors stating clearly that I am unable to work, documentation from the state Vocational Rehabilitation program showing that I'm making every possible effort to become employable again, and failing epically. I prepared an income/expense report for 2012, showing that I gave her everything I could. He still gave me contempt and told me that jail would be the punishment for further disobedience.

(blargh that was both long and whiny... oh well, I tried)

I have a review hearing in November, and I plan to show my Disability application, and another letter from my doctor (more strongly) advising against jail, and stating the harm that would be done to me. I hope that this will be enough, but without any experience in law, and no money for a lawyer, I'm helpless and scared.

My simple question is this: How do I convince the judge to not put me in jail?

PS: I didn't want to talk about the specifics of my disability, because I felt that would distract from my question, but it occurs to me that the details may be extremely relevant. I have ultra rapid cycling bipolar disorder, and it ultra sucks. If you can't imagine how a mental disorder can be completely disabling, then do some research or just take my word for it. I'm a freakin dirty bomb, and nobody wants me in their company; I wouldn't even hire me.

I'm sincerely appreciative of anyone who responds helpfully.

 

[Proserpina]

What is the name of your state (only U.S. law)? Utah

I hate long, whiny threads, and I've got enough people telling me to 'hang in there', so I'm just going to do my best to state the facts of my case, and ask a succinct question. Please don't look at me and assume I'm a deadbeat dad. Or do... this is free advice, so I'll just take what I get.

The Facts

I'm disabled, and I haven't made any money this year. I don't predict any income until I get approved for SSDI by Social Security; my attorney is virtually certain that I will get approved eventually. For now, I have no money, and no ideas on how to get some, so I'm a few thousand dollars behind on child support. My kid's mom filed an Order to Show Cause (http://www.utcourts.gov/howto/family/enforcement/) which led to a contempt charge, and His Honor looking sternly at me and threatening to put me in jail.

I attempted to convince the judge that I was not willfully disobeying the order, but that I was literally unable to comply. I provided letters from my doctors stating clearly that I am unable to work, documentation from the state Vocational Rehabilitation program showing that I'm making every possible effort to become employable again, and failing epically. I prepared an income/expense report for 2012, showing that I gave her everything I could. He still gave me contempt and told me that jail would be the punishment for further disobedience.

(blargh that was both long and whiny... oh well, I tried)

I have a review hearing in November, and I plan to show my Disability application, and another letter from my doctor (more strongly) advising against jail, and stating the harm that would be done to me. I hope that this will be enough, but without any experience in law, and no money for a lawyer, I'm helpless and scared.

My simple question is this: How do I convince the judge to not put me in jail?

PS: I didn't want to talk about the specifics of my disability, because I felt that would distract from my question, but it occurs to me that the details may be extremely relevant. I have ultra rapid cycling bipolar disorder, and it ultra sucks. If you can't imagine how a mental disorder can be completely disabling, then do some research or just take my word for it. I'm a freakin dirty bomb, and nobody wants me in their company; I wouldn't even hire me.

I'm sincerely appreciative of anyone who responds helpfully.

Have you actually filed to modify?

 

[BL]

Have you actually filed to modify?

If not , that should be done .

You should have provided proof of disability application and explain to your honor once approved, the child is entitled to dependent's benefits and retroactive to the filing date.

If you're jailed for over a month your not entitled as long as you are incarcerated.

 

[CourtClerk]

How have you been supporting yourself (living, eating, bathing, using a computer and internet access)?

 

[theoryaction]

If not , that should be done .

You should have provided proof of disability application and explain to your honor once approved, the child is entitled to dependent's benefits and retroactive to the filing date.

If you're jailed for over a month your not entitled as long as you are incarcerated.

Do you mean a motion to modify the existing child support order? I have not done that yet.

I don't understand what you mean 'the child is entitled to dependent's benefits and retroactive to the filing date' or 'If you're jailed for over a month your not entitled as long as you are incarcerated.' I guess I'm not connecting the dots enough to see how it helps me. Please elaborate.

 

[theoryaction]

How have you been supporting yourself (living, eating, bathing, using a computer and internet access)?

Living with family or friends since I crashed in 2009. Currently borrowing money to pay child support.

 

[BL]

Do you mean a motion to modify the existing child support order? I have not done that yet.

I don't understand what you mean 'the child is entitled to dependent's benefits and retroactive to the filing date' or 'If you're jailed for over a month your not entitled as long as you are incarcerated.' I guess I'm not connecting the dots enough to see how it helps me. Please elaborate.

You were taken to court for a contempt issue .

Immediately after you filed for SSDI , you should have filed a child support modification petition, providing proof you filed ,with your Drs. letters and recommendations in court.

You need to do this now.

If you are awarded SSDI benefits , your children with be entitled to what is called dependent benefits .

The court often allows those benefits in lue of child support payment obligations.

Be aware your arrears will not go away , but if approved you could ask for an adjustment from your filing date.

SSDI can be garnished for child support arrears , SSI can not.



I suggest you look it up . Also go to SSA.GOV

 

[CJane]

Are you compliant with therapy and meds?

 

[theoryaction]

Are you compliant with therapy and meds?

Yes. My doctor can verify that 100%.