Daughter's Social Security Payment

[dianalynn9864]

I just received a Court Order to appear in refernce to support. My ex-husband is filing to have his support order reduced. His reasoning is that my daughter receives Social Security benefits because of my disability. He believes that they should be included in my income. Is this true? Wouldn't this be like me having to include her income if she had a job? I am confused. The support order is through the Domestic Relations Dept. in Delaware County, Pennsylvania. Any assisted you could give me in clarifying this matter would be much appreciated.

Sincerely,
Diana L. Egleston

 

[I AM ALWAYS LIABLE]

My response:

Let me guess . . . he's not represented by an attorney, is he?

He would be correct IF the SSA payments to your daughter were derived due to HIS physical or mental incapacity but, since it is derived as a result of YOUR medical situation, he's blowing hot air up your skirt because no credit against the noncustodial (obligor) parent's child support obligation is available where the benefits are received through the custodial (obligee) parent. The law does not require that any SSA benefits be credited toward the obligations of the parental unit; both parents have independent child support obligations and neither may assert as a defense to his or her obligation the obligation of the other to support the child.

In other words, he won't be able to touch the amount he's currently paying you.

However, with his "pretzel logic" thinking, he just might be eligible for SSA payments anyway. What do you think?

Now, aren't you glad you came here?

IAAL

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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

 

[dianalynn9864]

Dear IAAL,

Thanks for the info. It is much appreciated This man is just trying to make my life more miserable. Anything to get my blood pressure rising. He is hurt and angry that I left him, and the fact my daughter beat me to the car the night we left really ruffles his feathers. On top of this, she refuses to have anything to do with her father. When she would visit, alot of his anger towards me was taken out on her. He was forever calling her a "*****", telling her she is just like me, smacking her around, and constantly badmouthing me.
She is 15 and she decided enough was enough. He feels that since she won't see him or talk to him at all that he shouldn't support her. HAHAHA!!! He also feels that I should force her to see him and that I am wrong for not. I told him let me see you force a 15 year old. He can't understand either, that when he says to her "you are just like your mother" that he is actually telling her that he despises her as much as he despises me. He is a master airhead. Someone who thinks that what he feels and says are the way that it is, and anyone else's thoughts and feelings are wrong if they don't agree with his. Again, thanks for the reply and I apologize for rambling. Sometimes I just need to get it off my chest. TY and have a great weekend.

Diana

P. S. Being that this is a public form, I was actually very kind in my description of him. I will tell anyone 1 on 1 what I really think of him. LOL

 

[I AM ALWAYS LIABLE]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by dianalynn9864:
Dear IAAL,

Thanks for the info. It is much appreciated This man is just trying to make my life more miserable. Anything to get my blood pressure rising. He is hurt and angry that I left him, and the fact my daughter beat me to the car the night we left really ruffles his feathers. On top of this, she refuses to have anything to do with her father. When she would visit, alot of his anger towards me was taken out on her. He was forever calling her a "*****", telling her she is just like me, smacking her around, and constantly badmouthing me.
She is 15 and she decided enough was enough. He feels that since she won't see him or talk to him at all that he shouldn't support her. HAHAHA!!! He also feels that I should force her to see him and that I am wrong for not. I told him let me see you force a 15 year old. He can't understand either, that when he says to her "you are just like your mother" that he is actually telling her that he despises her as much as he despises me. He is a master airhead. Someone who thinks that what he feels and says are the way that it is, and anyone else's thoughts and feelings are wrong if they don't agree with his. Again, thanks for the reply and I apologize for rambling. Sometimes I just need to get it off my chest. TY and have a great weekend.

Diana

P. S. Being that this is a public form, I was actually very kind in my description of him. I will tell anyone 1 on 1 what I really think of him. LOL <HR></BLOCKQUOTE>


My response:

You're entirely welcome, and welcome anytime you need to blow off steam, and take things off your chest.

I aim to please.

I can hear the dialogue at the hearing now:

JUDGE: Are you nuts? You can't touch the SSA money, and you can't touch the settlement proceeds.

Next time you come before me, you better be represented by counsel.

I am entering an order in favor of Respondent Wife, and further ordering you to pay Attorney fees and costs.


DIANE: (Turning to her Ex and pointing at him) "Psych!!"

C'mon back for TLC anytime you think you need it.

IAAL


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By reading the “Response” to your question or comment, you agree that: The opinions expressed herein by "I AM ALWAYS LIABLE" are designed to provide educational information only and are not intended to, nor do they, offer legal advice. Opinions expressed to you in this site are not intended to, nor does it, create an attorney-client relationship, nor does it constitute legal advice to any person reviewing such information. No electronic communication with "I AM ALWAYS LIABLE," on its own, will generate an attorney-client relationship, nor will it be considered an attorney-client privileged communication. You further agree that you will obtain your own attorney's advice and counsel for your questions responded to herein by "I AM ALWAYS LIABLE."

[This message has been edited by I AM ALWAYS LIABLE (edited August 26, 2000).]