SSI/SSD and Child Support

What is the name of your state?Pennsylvania and Utah (orders of support) while my residence is Nevada.

For years I have had serious problems getting and keeping a job due to both physical and psychiatric problems.* I have two children from one marriage and one from a second.* My first marriage ended badly and I was falsely accused of physical abuse against my ex-wife and,
subsequently, was odered to stay away from my ex-wife and two daughters for a entire year back in 1992.* I was on SSI but attempted to work a number of times but failed miserably. Domestic Relations threatened me with jail time if I did not get a job and pay child support. I found work and was eventually lost my SSI. I fell into a deep state of depression, made serious errors at my job and was fired.* I became homeless and out of hopelessness and embarrasment left the city in which I lived and led a life
of homelessness for a number of years in another city.* During that time, of course, my child support obligation began to accrue.* I remained in a relative state of homelessness until about 1996 when I met my second wife and, with her help, began to take charge of my life once again.* I was able to hold steady work for awhile but my child support obligations, compounded with the arrears I was forced to pay, put a strain on my second marriage which ended amicably enough.* I do have a relationship with my third
daughter from the second marriage but have not seen or spoken to my two daughters from my first since 1992.

I have had a serious back condition and arthritic knee which has been determined by the courts to define me as permanently disabled.* I also have severe chronic depression for which I am currently being treated for.* I have just been granted both SSI and SSD, the benefits of which will begin receiving in a matter of months. I will probably recieve no more than $640/month.* I worry that along with both my ordered child support obligations and arrears I will not have much left to sustain myself and will be homeless for the rest of my life.* I only want to know how much can they take out at once and is there any way to negotiate a reasonable payment amount that will allow to live a normal life.* The lump sum from my onset date of August, 2003 will probably be gone after they get a hold of it, and that's fine. I'm just worried about AFTER. Is there anything I can do about it? Any information will be of great help.* Thanx.

P.S If there are any real solutions to this immediate predicament I would
also like to pursue visitation rights for my first two daughters if
possible, but this problem can only be addressed if I take care of my
support problem first.* Please let me know.* Thanx.

wizardslogic said:

What is the name of your state?Pennsylvania and Utah (orders of support) while my residence is Nevada.

For years I have had serious problems getting and keeping a job due to both physical and psychiatric problems.* I have two children from one marriage and one from a second.* My first marriage ended badly and I was falsely accused of physical abuse against my ex-wife and,
subsequently, was odered to stay away from my ex-wife and two daughters for a entire year back in 1992.* I was on SSI but attempted to work a number of times but failed miserably. Domestic Relations threatened me with jail time if I did not get a job and pay child support. I found work and was eventually lost my SSI. I fell into a deep state of depression, made serious errors at my job and was fired.* I became homeless and out of hopelessness and embarrasment left the city in which I lived and led a life
of homelessness for a number of years in another city.* During that time, of course, my child support obligation began to accrue.* I remained in a relative state of homelessness until about 1996 when I met my second wife and, with her help, began to take charge of my life once again.* I was able to hold steady work for awhile but my child support obligations, compounded with the arrears I was forced to pay, put a strain on my second marriage which ended amicably enough.* I do have a relationship with my third
daughter from the second marriage but have not seen or spoken to my two daughters from my first since 1992.

I have had a serious back condition and arthritic knee which has been determined by the courts to define me as permanently disabled.* I also have severe chronic depression for which I am currently being treated for.* I have just been granted both SSI and SSD, the benefits of which will begin receiving in a matter of months. I will probably recieve no more than $640/month.* I worry that along with both my ordered child support obligations and arrears I will not have much left to sustain myself and will be homeless for the rest of my life.* I only want to know how much can they take out at once and is there any way to negotiate a reasonable payment amount that will allow to live a normal life.* The lump sum from my onset date of August, 2003 will probably be gone after they get a hold of it, and that's fine. I'm just worried about AFTER. Is there anything I can do about it? Any information will be of great help.* Thanx.

P.S If there are any real solutions to this immediate predicament I would
also like to pursue visitation rights for my first two daughters if
possible, but this problem can only be addressed if I take care of my
support problem first.* Please let me know.* Thanx.

Click to expand...

You have several problems, first, unfortunatley for you, you let CSE scare you into losing your SSI the first time you had it. By recieving SSI, the FEDERAL gov. said that you were disabled and CSE ignored that. Don't ever let CSE scare you into hurting yourself or giving up your rights. (my husband let them scare him, went without his heart meds and it almost killed him).

Okay, as for how much they can take for CS- NOTHING from any of your SSI (which is a form of welfare). That includes your back SSI.
I'm sorry, I'm not sure of what the limit might be on the SSDI portion.

There are several things you need to do:
1. Go to legal aid and get an attorney ASAP.

2. Have the attorney file for a modification of CS order. The on-going support and arrears payments will be set on your SSDI income, and will be taken out automatically.

3. Talk to the attorney to see if anything can be done about getting arrears lowered. (Doubtful that it will happen, but worth asking about.)

4. Also ask attorney about visitation with kids, but it will probably be supervised at first, remember, it has been 15 yrs since you've spoken to them. So don't be surprised if they don't want to see you.
Good luck, and don't give up.
Gracie

Im not to sure on how SSI/SSD works in other states but I know that in NY if the parent is eligible for SSI then the children would get checks too. They may be a small amount( 50.00-100.00 a month) but sometimes the courts take this as sort of a support payment. Even though the state is basically paying the CS. Talk to your case worker and ask if your children are eligible for this type of check. Also due to the fact that you are going to be receiving these checks, the state has limits to what they can take from your check. (Poverty level income) Unless of course you dont show for your court appointments, they can order a monthly amount and take it until you appear. I believe the most they can take per a month for current obligations is around 25.00. A person I know who receives SSD is paying 37.50. 25.00 for current (1 child) and the rest goes to back support. Again I say this in NY. Since you have applied for these two, you should recieve a lump sump check from the date you applied. CS may/will take this for what you owe.

Gracie3787 said:

You have several problems, first, unfortunatley for you, you let CSE scare you into losing your SSI the first time you had it. By recieving SSI, the FEDERAL gov. said that you were disabled and CSE ignored that. Don't ever let CSE scare you into hurting yourself or giving up your rights. (my husband let them scare him, went without his heart meds and it almost killed him).

Okay, as for how much they can take for CS- NOTHING from any of your SSI (which is a form of welfare). That includes your back SSI.
I'm sorry, I'm not sure of what the limit might be on the SSDI portion.

There are several things you need to do:
1. Go to legal aid and get an attorney ASAP.

2. Have the attorney file for a modification of CS order. The on-going support and arrears payments will be set on your SSDI income, and will be taken out automatically.

3. Talk to the attorney to see if anything can be done about getting arrears lowered. (Doubtful that it will happen, but worth asking about.)

4. Also ask attorney about visitation with kids, but it will probably be supervised at first, remember, it has been 15 yrs since you've spoken to them. So don't be surprised if they don't want to see you.
Good luck, and don't give up.
Gracie

Click to expand...

Wrong. SSI is a form of income and child support can be garnished from these payments. Your ex can also take a huge chunk from the lump payment you're expecting for the arrears. Still, you should file for a modification to get the original amount lowered. You can file for visitation and the outcome is not dependant on the cs issue. They are treated as 2 totally seperate issues.

The minor children of a person recieving SOCIAL SECURIY DISABILTY are entitled to also apply and recieve benefits.

http://www.sss.gov.ph/bene/ben4001.htm

Are the children of a disabled member entitled to the dependent's pension?
The dependent legitimate, legitimated, legally adopted and illegitimate children conceived on or before the date of contingency of a totally disabled pensioner will each receive a dependent's pension equivalent to 10 per cent of the member's monthly pension or P250, whichever is higher.

Only five minor children, beginning from the youngest, are entitled to the dependents' pension. No substitution is allowed.

Where there are more than five legitimate and illegitimate children, the legitimate ones will be preferred.

The minor children of a partially disabled pensioner are not entitled to the dependents' pension.
For how long will the dependent child receive his pension?
The dependent's pension stops when the child reaches 21 years old, gets married, gets employed and earns P300 or more a month, or dies. However, the dependent's pension is granted for life to children who are over 21 years old, provided they are incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.


Are the children of a disabled member entitled to the dependent's pension?
The dependent legitimate, legitimated, legally adopted and illegitimate children conceived on or before the date of contingency of a totally disabled pensioner will each receive a dependent's pension equivalent to 10 per cent of the member's monthly pension or P250, whichever is higher.

Only five minor children, beginning from the youngest, are entitled to the dependents' pension. No substitution is allowed.

Where there are more than five legitimate and illegitimate children, the legitimate ones will be preferred.

The minor children of a partially disabled pensioner are not entitled to the dependents' pension.
For how long will the dependent child receive his pension?
The dependent's pension stops when the child reaches 21 years old, gets married, gets employed and earns P300 or more a month, or dies. However, the dependent's pension is granted for life to children who are over 21 years old, provided they are incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.


Are the children of a disabled member entitled to the dependent's pension?
The dependent legitimate, legitimated, legally adopted and illegitimate children conceived on or before the date of contingency of a totally disabled pensioner will each receive a dependent's pension equivalent to 10 per cent of the member's monthly pension or P250, whichever is higher.

Only five minor children, beginning from the youngest, are entitled to the dependents' pension. No substitution is allowed.

Where there are more than five legitimate and illegitimate children, the legitimate ones will be preferred.

The minor children of a partially disabled pensioner are not entitled to the dependents' pension.
For how long will the dependent child receive his pension?
The dependent's pension stops when the child reaches 21 years old, gets married, gets employed and earns P300 or more a month, or dies. However, the dependent's pension is granted for life to children who are over 21 years old, provided they are incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.


Are the children of a disabled member entitled to the dependent's pension?
The dependent legitimate, legitimated, legally adopted and illegitimate children conceived on or before the date of contingency of a totally disabled pensioner will each receive a dependent's pension equivalent to 10 per cent of the member's monthly pension or P250, whichever is higher.

Only five minor children, beginning from the youngest, are entitled to the dependents' pension. No substitution is allowed.

Where there are more than five legitimate and illegitimate children, the legitimate ones will be preferred.

The minor children of a partially disabled pensioner are not entitled to the dependents' pension.
For how long will the dependent child receive his pension?
The dependent's pension stops when the child reaches 21 years old, gets married, gets employed and earns P300 or more a month, or dies. However, the dependent's pension is granted for life to children who are over 21 years old, provided they are incapacitated and incapable of self-support due to physical or mental defect which is congenital or acquired during minority.