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horace30

Junior Member
What is the name of your state (only U.S. law)? NY. Child support takes all my SSDI. I have been on public assistance for 5 years unable to work and trying to get disability. I have finally gotten it. 65% of this goes to child support. And I have another child that I now cannot support due to this. Soon I will be homeless. I live in a diiferent county than my children and have tried to obtain an original support order so I can apply for modification. No response has been recieved. All papers asked for were sent. I have put the children on my case. Does this count as support? Will my payments be lowered so I can live? I have an arrest warrant because of this. Will that be lifted now that I am disabled? I was better off on welfare, at least my rent was paid and I recieved food stamps. If this is the way it is, how do I end SSDI and go back on welfare. Its sad but I was better off.
 


Antigone*

Senior Member
What is the name of your state (only U.S. law)? NY. Child support takes all my SSDI. I have been on public assistance for 5 years unable to work and trying to get disability. I have finally gotten it. 65% of this goes to child support. And I have another child that I now cannot support due to this. Soon I will be homeless. I live in a diiferent county than my children and have tried to obtain an original support order so I can apply for modification. No response has been recieved. All papers asked for were sent. I have put the children on my case. Does this count as support? Will my payments be lowered so I can live? I have an arrest warrant because of this. Will that be lifted now that I am disabled? I was better off on welfare, at least my rent was paid and I recieved food stamps. If this is the way it is, how do I end SSDI and go back on welfare. Its sad but I was better off.
Guess you have no business having kids if you can't support them, huh:rolleyes:. We'd be much better off if you stopped.

At least your child is somewhat supported by his/her parent.
 

horace30

Junior Member
what?

Your answers are true but not at all helpful. Why do you say things like this? Does it make you feel superior to me? In this case you very well may be. I am a realist. I know I suck as a provider but not as a father. This wasnt my fault, but yes I will own it, who else possibly could? Do you feel better now? Hope so. Whoa!! I BECAME disabled. I did provide when I could. Do you think before you post or are you just an angry person? I wish you well and hope only the best for you.
 
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ecmst12

Senior Member
You need to go back to the court where the original orders were filed to request a modification.
 

LdiJ

Senior Member
What is the name of your state (only U.S. law)? NY. Child support takes all my SSDI. I have been on public assistance for 5 years unable to work and trying to get disability. I have finally gotten it. 65% of this goes to child support. And I have another child that I now cannot support due to this. Soon I will be homeless. I live in a diiferent county than my children and have tried to obtain an original support order so I can apply for modification. No response has been recieved. All papers asked for were sent. I have put the children on my case. Does this count as support? Will my payments be lowered so I can live? I have an arrest warrant because of this. Will that be lifted now that I am disabled? I was better off on welfare, at least my rent was paid and I recieved food stamps. If this is the way it is, how do I end SSDI and go back on welfare. Its sad but I was better off.
You really need to take it back to court and ask that the benefits your children are now receiving count as your child support for those children, and that the lump-sum benefits paid out to those children count as paid arrearages for those children...as long as its the custodial parents for those children that are the rep payees of the children's benefits. Your other child should also get a share of the available children's benefits as well.
 

CSO286

Senior Member
What is the name of your state (only U.S. law)? NY. Child support takes all my SSDI. I have been on public assistance for 5 years unable to work and trying to get disability. I have finally gotten it. 65% of this goes to child support. And I have another child that I now cannot support due to this. Soon I will be homeless. I live in a diiferent county than my children and have tried to obtain an original support order so I can apply for modification. No response has been recieved. All papers asked for were sent. I have put the children on my case. Does this count as support? Will my payments be lowered so I can live? I have an arrest warrant because of this. Will that be lifted now that I am disabled? I was better off on welfare, at least my rent was paid and I recieved food stamps. If this is the way it is, how do I end SSDI and go back on welfare. Its sad but I was better off.
You need to go back to the court where the original orders were filed to request a modification.
And since 65% is coming out, you obviously owe past due support, so please be aware that the arrears are probably not modifiable.

What did you do when you first became disabled? Did you file for a modification then?

And I do just want to say, that this is not going to go away simply because you are now on SSDI. You owe this, and will owe it until it is paid.

You want a copy of your court order? Go and get one. You do not need to have one in hand before filing a for a modification.

And if there's an arrest warrant out for you for past due support? You have not only disregarded multiple notices and attempts to contact you, you have ignored court dates, too.

This is a principle that works for both good things and bad things: As you sow, you also shall reap.


OP: What would you like to see happen? In a perfect world-what would you consider an appropriate amount to pay? What would your fair contribution to the children be?
 

horace30

Junior Member
Hmmmm

What you say is true to some extent. I live 450 miles from the court that has jurisdiction over this and hey Im broke. I cannot afford the tickets. I have responded every time I was contacted and yes I missed every court date for quite a few years. When asked for financial documents all I could provide was my welfare acct. summary. I response my monthly payment went up!!!! I called, I wrote. This is the court that wont send me a copy of the original order of support. I am told by the court in this county that they need it to assist me. I am now at 1633.00 a month. I am contemplating terminating my SSD.
 

ecmst12

Senior Member
You won't be able to get welfare benefits because you REFUSED another source of income.

You need to talk to legal aid.
 

Banned_Princess

Senior Member
WHY YOU??????


Why should it be your children who are homeless??????


If you are on your way to being homeless, you need to leave your current family, and let them get a smaller place, while you live in the DSS shelters.

those places are no place for kids. as a family, you might have to live out of a motel room. and My friend had all 3 of her kids taken away (youngest was 3 months old) because of the condition of their living 4 people in a motel room, washing cloths in the bathtub. granted there was already a longstanding CPS case on the family, but still, it could be the nail in the coffin so to speak.
 

CSO286

Senior Member
What you say is true to some extent. I live 450 miles from the court that has jurisdiction over this and hey Im broke. I cannot afford the tickets. I have responded every time I was contacted and yes I missed every court date for quite a few years. When asked for financial documents all I could provide was my welfare acct. summary. I response my monthly payment went up!!!! I called, I wrote. This is the court that wont send me a copy of the original order of support. I am told by the court in this county that they need it to assist me. I am now at 1633.00 a month. I am contemplating terminating my SSD.
You need to fly 450 miles? Can't drive? Take a bus? A bus ticket at that distance is less than 100 (if you book in advance). Cheaper than the gas needed to drive. Google greyhound.

Child support hearings can and often are done by phone. Contempt--not so much. You need to show up there.

As to the request for a copy of your order--Did you contact court admin, find out what it would cost to get a copy of your order and then send a written request along with payment?

Look, the court doesn't need a copy--they have the original. Something here is fishy.

If you qualify for SSDI and turn it down, then you just might find yourself disqualified for any TANF/public assistance monies.
 

BL

Senior Member
Talk to legal aid .

Secondly try and get ahold of the chief clerk of family court in the county that ordered it 1 ) for a modification petition form ( all you need is the index or docket # ) to put on your petition , and how to submit to court by mail ,and how to request a telephonic hearing .

Try lookup here: http://iapps.courts.state.ny.us/webcivil/ecourtsMain

Submit a copy of your SSDI document of the date entitled and children's benefits proof , and amount(s).

You then request a modification because of it and ask for relief for retroactive beneficiary payments to the children off your arrears.

Why didn't you look into modification when you lost you employment andwent on welfare ? Arrearages just added up .

I know , no money and the distance , but that was the time to look into it .

As you have found out SSDI can be garnished for past due child support.

And about sending your welfare income to CSEU ? They don't give a dam , you have to have a court order of modification for CSEU to follow.
 
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