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Domestic Relations Dropping My Case

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singlemom47

Junior Member
What is the name of your state (only U.S. law)? pa- i got a letter today form my county domestic relations stating that the defendant is unable to pay, has no assets and there is no reasonable prospect that the defendant will be able to pay in the foreseeable future. The defendants financial obligation is assessed at zero. Arrears are remitted without prejudice because the defendant has no income, assets or ability to pay. The defendant owes me 25,000 dollars and has been getting written off by a doctor as being unable to work but is working under the table. He says he is applying for disability. I called domestic relations about this and they basically said the case will be out of their system in 60 days if I do not object. I have to schedule a hearing. In other words they could just drop my case if I cannot prove anything. This defendant has been in contempt 4 time already. My question is, is it legal for them to drop my case?
 


CSO286

Senior Member
I'm afraid so. There are federal rules allowing for the closure of an "unenforceable case", though the definition of "unenforceable" is still a bit cloudy.
 

singlemom47

Junior Member
Right now there is a wage attachment to his earnings and enforcement conferences scheduled. If they drop my case I will never know if he gets disability. But I have no evidence to prove anything. It seems unfair. Being that he was in contempt so many times and there is a chance of him getting disability can I object as state that it is an enforcable case?
 

CSO286

Senior Member
Right now there is a wage attachment to his earnings and enforcement conferences scheduled. If they drop my case I will never know if he gets disability. But I have no evidence to prove anything. It seems unfair. Being that he was in contempt so many times and there is a chance of him getting disability can I object as state that it is an enforcable case?
You can.

Now, what exactly are you talking about when you say "disability"? Are you talking about RSDI (actual social security disability) or SSI (supplemental security income)? There is a significant difference between the two.

RSDI can be garnished for child support. As well as any lump sum payment he may be enititled to.

SSI cannot.
 

singlemom47

Junior Member
I do not know what he is applying for. He keeps everything from me, we do not talk. He does work under the table and I am pretty sure the doctor writing his excuses not to work is a friend of his. I cannot prove anything. He has basically won a ticket not to support his children ever at all. It doesn't make sense.
 

CSO286

Senior Member
I do not know what he is applying for. He keeps everything from me, we do not talk. He does work under the table and I am pretty sure the doctor writing his excuses not to work is a friend of his. I cannot prove anything. He has basically won a ticket not to support his children ever at all. It doesn't make sense.
Honestly, if a parent is completely determined to avoid support thier children, it's possible.

You can work with DOR and request the ykeep th cae open penidng the outcome of his social security appolication. It is posslibe that they have access to more info regarding that application than you. For example, they may know if he has sufficient work quarters to be applying to RSDI vs SSI--and this may be affecting their decision regarding closign your case.

In the meantime, if he is working for cash, it's virtually impossible to:
a. prove it and
b. enforce income withholding.

My advice in those situations: Simply write him off, realize that you have the children and enjoy every moment you have with them.

It is unfortunate, but DOR can't turn a 0 into a 10. There is a reason he's your ex.
 

BL

Senior Member
If he ends up receiving SS disability from work history ,he should list the children.

The children would receive defendant benefits , going to you of course to take the place of ongoing CS.

And work history disability can be garnished for arrears.

If he happens to run into a big sum of money ,you can pursue arrears too.
 
I do not know what he is applying for. He keeps everything from me, we do not talk. He does work under the table and I am pretty sure the doctor writing his excuses not to work is a friend of his. I cannot prove anything. He has basically won a ticket not to support his children ever at all. It doesn't make sense.
If you believe he is working under the table, you could hire a PI to obtain evidence. This can be expensive and it's up to you to decide if the cost of the PI is worth it as there are no guarantees that he will ever pay.
 

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