Disabled Vet Looking For Advice

[Charles113]

What is the name of your state (only U.S. law)?
NY State
413(1) (g)
I have recently won my disability case but over the past 3 years without proof of disability the courts have been charging me well beyond my means in child support. I have been well below the poverty level and have read that I can have the arrears that have built up in the past 6 months reduced to $500.00 due to being below the individual poverty level. My question is last year she took 100% of my unemployment in which I am sure now that SSI is paying me, I will have to return. Will the courts be required to adjust the overpayments there as well? I received $13,000 in unemployment in which she took it all. I requested a modification then and was refused and told to get a job although unable to work. Now SSI has determined I am disabled and have been the entire time, as right they should have.The courts wanted to put me in debtor’s jail for inability to pay the amount they determined now I want to know if I can get anything back if anything. For 3 years I have been paying out 60% to 100% of any income I have obtained. Advice Please.

 

[Proserpina]

What is the name of your state (only U.S. law)?
NY State
413(1) (g)
I have recently won my disability case but over the past 3 years without proof of disability the courts have been charging me well beyond my means in child support. I have been well below the poverty level and have read that I can have the arrears that have built up in the past 6 months reduced to $500.00 due to being below the individual poverty level. My question is last year she took 100% of my unemployment in which I am sure now that SSI is paying me, I will have to return. Will the courts be required to adjust the overpayments there as well? I received $13,000 in unemployment in which she took it all. I requested a modification then and was refused and told to get a job although unable to work. Now SSI has determined I am disabled and have been the entire time, as right they should have.The courts wanted to put me in debtor’s jail for inability to pay the amount they determined now I want to know if I can get anything back if anything. For 3 years I have been paying out 60% to 100% of any income I have obtained. Advice Please.

There's no such thing a debtor's jail. You were threatened with a sentence for criminal non support, which is a different thing entirely.

But that aside since you're now getting SSI, you need to file again to modify.

The State CANNOT garnish your SSI for child support or arrears (although if it's SSDI, that CAN be garnished).

So are you getting SSI or SSDI?

 

[Charles113]

SSDI and yes it was contempt of court for not paying what I was told to pay by the courts. Unfortunatly its the states round about to put poor people that do not have the ability to pay in jail. I avoided that when my SSDI was granted. I have filed a modification and am aware of the NY state law that will force a reduction in the arears to $500 but what the law doesnt show is that for the previous year that I was under the same legislation and forced by the courts to pay every cent of unemployment I recieved to cover child support in which I will now have to pay back do to receiving SSDI. Can the courts go back to last year and recover the amount that I have already paid?

 

[Proserpina]

SSDI and yes it was contempt of court for not paying what I was told to pay by the courts. Unfortunatly its the states round about to put poor people that do not have the ability to pay in jail.

Not really.

I have avoided that bullet when my SSDI was granted.

Then your SSDI can (and likely will) be garnished in order to pay off the arrears.

You should still file to modify your CURRENT obligation based upon the reduced income (now it's all been sorted out).

I'm really not sure what you're hoping to get back? Or why?

 

[OHRoadwarrior]

Horrible that those poor innocent kids should starve and be homeless, because the people that had them are so concerned about themselves, they don't care about them.

 

[Charles113]

The courts set my child suport at $171.50 per week for the last 3 years. I have been unable to work due to an injury I received in the military for the last 3 years. I have been under doctors care for the entire time. During this time I received $320.00 per week unemployment. For the first year I let the amount go because I could survive fine on the remaining funds. I was hoping that my injury was repairable and I would return to work. Unfortunatly it got worse and under advice I filed for SSDI. In time my unemployment ran out but child support remained. I filed for a modification and was denied. Was told unless SSDI determination went through they didnt care what the doctors siad "came from the judge". Support collection has harrased me beyond belief and most recently attempted to put me in jail. Now I have my modification in and the arears will be adjusted but the problem is that SSDI pays for the time I applied plus 1 year. Which will trigger unemployment wanting the monies they paid out returned. The problem there is the money they paid out was taken 100% of it for child support. So the figures are for the year 2010 I paid in $18,400 to child support and had an income of $13,000. This year I have had an income of $240.00 per month and have acumulated a $9,000 dept to child support. The law states that the courts can not charge me more then $500 for the arears but does not address the fact that they took my entire income for 1 year in which I now owe to unemployment. My question is, is there a law that I am missing that I can request from the courts that the support I overpaid in 2010 be applied to my future support or the moneys I am recieving from back SSDI be exempt from child support so it can be applied to my unemployment dept.

 

[Charles113]

Nothing personal but you are not the one who has been in and out of the courts while being in extream pain. My children are not starving and have a very good life. This year alone have vacationed to Orlando twice maine 3 times and have every toy money can buy. They want for not, there mother is bitter that I left her although she is pregnent with another mans child. I am here asking for legal advice not looking for judgmental peoples opinions on my situation. I have paid child support for 5 years and have never been late until my ability to pay was beyond my control. My condition was not of my own doing it was while serving my country. Excuse me if I want the women who has forced me into this situation to share the burden of what she has created.

 

[OHRoadwarrior]

You are correct. I continue to work 40 - 70 hours a week supporting my family while I suffer. Unlike you, I have suffered daily for over 2 decades. You are the one who made the thread all about you and not about the kids. Expect to receive criticism when you set the stage that way.

When you went on unemployment, you should have requested a modification. Because you didn't, you may be out of luck. Your timetable is confusing. Use a month/year format to lay out the timeline from when you went onto unemployment, filed for SSDI, ran out of UI and were granted SSDI. Were you awarded retro SSDI to date of filing?

Nothing personal but you are not the one who has been in and out of the courts while being in extream pain. My children are not starving and have a very good life. This year alone have vacationed to Orlando twice maine 3 times and have every toy money can buy. They want for not, there mother is bitter that I left her although she is pregnent with another mans child. I am here asking for legal advice not looking for judgmental peoples opinions on my situation. I have paid child support for 5 years and have never been late until my ability to pay was beyond my control. My condition was not of my own doing it was while serving my country. Excuse me if I want the women who has forced me into this situation to share the burden of what she has created.

 

[Charles113]

Yes It is to the date of fileing plus 1 year, And I have filed for modifications and have been turned down in the past. Yes my timelines are off by a bit it all blends unless I'm looking at it on paper. I requested a modification 2 other times and the second time is when the judge informed me that until the SSDI is granted he will go under the assumtion that I can work and will not change the amount until that day. BTW there are alot of missing details, this isnt and injury that happened 3 years ago its been 15 years. My spine is now detrerated to the point of an 80 year old man, and the Fibromyalgia causes spasmes in my legs that keep me from walking or standing, even driving is a chore, I wish I could work. I have a stack of pain pills that do little. Im sorry if I sound insensative but I have gone through hell with this court system and have paid out thousands to the town, motor vehicle, bank fees. And have been in and out of the courts every month for 2 years which are 75 miles from my house. I realy didn't want to through my life out here but if it gets me into a dirrection of a law or court case that I can put in front of this judge that will help me end this nightmare so be it.

 

[ecmst12]

Have you applied for VA disability too? If the injury happened while you were enlisted you should qualify.

 

[LdiJ]

SSDI and yes it was contempt of court for not paying what I was told to pay by the courts. Unfortunatly its the states round about to put poor people that do not have the ability to pay in jail. I avoided that when my SSDI was granted. I have filed a modification and am aware of the NY state law that will force a reduction in the arears to $500 but what the law doesnt show is that for the previous year that I was under the same legislation and forced by the courts to pay every cent of unemployment I recieved to cover child support in which I will now have to pay back do to receiving SSDI. Can the courts go back to last year and recover the amount that I have already paid?

Dad....If its SSDI your children will also get lump sum benefits, and you can ask the court to credit those lump sum benefits towards your arrearages. Your children will also receive ongoing benefits, and you can ask the court to have those benefits replace your child support. Unemployment cannot touch the children's benefits as they will not be payable to you, they will be payable to the custodial parent.

It is almost guaranteed that the judge will apply the children's lump sum benefits and ongoing benefits as child support.

 

[Charles113]

Yes I have, I am 20% due to disability. I applied to upgrade the percetage and because I can still lean foward 40% was denied. Now that SSDI has sent me to there own doctors and detremened me 100% I can fight the VA decision and hopefully upgrade.

 

[Charles113]

Yes my kids will get 50% of the amount I will recieve devided into 3 from the date of my exceptence. I was told that they wouldn't get retro to the time of my application. Future child support is not the issue, thank god I was excepted. Aswell the Va should be forced to follow suit in which they also have an amount set for assistence with the children after I fight for my percentage to go up. The question is about the reto amount from SSDI and if it will concidered present income or sence it will cause a repayment to unemployment will it be exempt. She has already received 100% of the unemployment payment that I willing gave to her for the children. I have lived on $243.00 per month for 2 years, with no complaints but if this is concidered income it will prevent me from fileing for poverty lvl and reduceing the arears which will make it so I can not repay the amount that unemployment will want returned. Would be nice if unemployment doesn't ask for the money back but as soon as it is reported to them it will without a dought come up. We are talking about a women who will make the extra effort to call them herself and let them know.

 

[BL]

Take the SSA document that states your onset date and the date you and your children will receive benefits from ( including retroactive amounts )and the monthly amounts amounts for modification .

Request relief from arrears from your onset date to the min. amount ( show the onset date you were in fact disabled and should be recalculated ).

Request child dependent benefits replace your current CS obligations.

 

[Charles113]

I would hope it would be that easy but we are talking about the NY court system. I have found the law that shows that the courts must abolish the arears set if I am within poverty range but nothing to show if the amount I am receiving for the arears in SSDI can and will be concidered current income. And if the courts decide to use both the SSDI and the unemployment income as income for the previous year it will be well over poverty lvl. The current poverty lvl is $10,800 for 2011 in which I am well under unfortunatly. I have exausted all of my saveings attempting to keep current with the amount of child support I have been told to pay to this point. 6 months ago I ran out of money. I hope what you are saying is what the judge will do but my faith in this system without having the mandates infront of me is bleak. I have my modification hearing in 21 days and want to be able to state a case or a law that will require that to happen. This isn't just about the child support they where trying to put me in jail for contempt for not paying the arears as ordered and if I cant show just cause then my back is still against the wall. Believe me I wish I could afford a layer to fight this but I am on my own so I need to cover everything before the 21st. I know common sence should protect me but I do not trust this court. §413(1)(g is the clause that states that the courts must lower the arears if I am below poverty. The SSDI amount has not been set yet it is in legal so I have no idea if the amount will even cover the unemloyment amount non the less the $9000 I owe in child support that has built up in the last 6 months.