SSI eligibility, opted out, Ex wants court ordered

[donnagal]

What is the name of your state (only U.S. law)? New York

My fiance is divorced. They opted out, as they had shared custody. Now both (adult) children live with mother. My fiance voluntarily pays $xxx per month for two children--the entire amount requested by Ex.

Child #1 is likely eligible for SSI based on medical, but assets and income are problems. My fiance holds bonds with Child's SSN on them.

Question #1: Current value of bonds co-owned with Child #1's SSN exceeds $2000, so wouldn't these bonds alone would make Child #1 ineligible for SSI?

Question #2: The bonds, purchased by my fiance are his property (co-owned with child's name & SSN on the bonds). Property division took place more than 11 years ago. Can the courts force him to liquidate these bonds?

The amount of Child Support for Child would NOT, by my calculations, make Child ineligible for SSI, but would leave a very small monthly payment. I know that there are many avenues for creative resolution. My fiance has proposed a lump sum settlement, but Ex is adamant about amending the Agreement (filed with the Courts), so that Child Support (for both boys) becomes court ordered with arrangements for Child #1's checks to go into a 1st party trust.

Due to various reasons, including principal, health issues, and a >$4000 (since 2005) unpaid obligation by Ex, my fiance does NOT want to amend the Agreement. If Ex goes to court, I do understand that the courts might grant Child Support--maybe more or less than fiance currently pays.

Question #3: Can the court direct payments into a trust, if my fiance does not voluntarily agree to that?

Question #4: In the near future, my fiance is going to grant me power of attorney in dealing with these issues. With that general power of attorney, can I interface with Ex's lawyer? Attend mediation instead of fiance? Attend court instead of fiance or at least speak for him in court?

 

[ecmst12]

You want to stay as far away from court as possible. Judges HATE meddling/overstepping stepparents and girlfriends/boyfriends. This is NOT your fight and you need to stay out of it.

Child support does not belong to the child, it belongs to the parent it is being paid to. The parent PAYING the support has no say in what it is spent on.

If the children are adults, why is support even being discussed?

 

[RRevak]

What is the name of your state (only U.S. law)? New York

My fiance is divorced. They opted out, as they had shared custody. Now both (adult) children live with mother. My fiance voluntarily pays $xxx per month for two children--the entire amount requested by Ex.

Child #1 is likely eligible for SSI based on medical, but assets and income are problems. My fiance holds bonds with Child's SSN on them.

Question #1: Current value of bonds co-owned with Child #1's SSN exceeds $2000, so wouldn't these bonds alone would make Child #1 ineligible for SSI?

Question #2: The bonds, purchased by my fiance are his property (co-owned with child's name & SSN on the bonds). Property division took place more than 11 years ago. Can the courts force him to liquidate these bonds?

The amount of Child Support for Child would NOT, by my calculations, make Child ineligible for SSI, but would leave a very small monthly payment. I know that there are many avenues for creative resolution. My fiance has proposed a lump sum settlement, but Ex is adamant about amending the Agreement (filed with the Courts), so that Child Support (for both boys) becomes court ordered with arrangements for Child #1's checks to go into a 1st party trust.

Due to various reasons, including principal, health issues, and a >$4000 (since 2005) unpaid obligation by Ex, my fiance does NOT want to amend the Agreement. If Ex goes to court, I do understand that the courts might grant Child Support--maybe more or less than fiance currently pays.

Question #3: Can the court direct payments into a trust, if my fiance does not voluntarily agree to that?

Question #4: In the near future, my fiance is going to grant me power of attorney in dealing with these issues. With that general power of attorney, can I interface with Ex's lawyer? Attend mediation instead of fiance? Attend court instead of fiance or at least speak for him in court?

ECMST, you did an awesome job answering OP but I just want to make one thing VERY clear to her.

OP, even with having some form of POA you will NEVER have any dog in any fight that goes on between mom and dad. YOU will not ever be allowed to interface with the mothers attorney, YOU will not ever be allowed to attend ANY mediation that goes on between the parents in the stead of dad, and MOST IMPORTANTLY you will NEVER EVER be allowed to attend court proceedings in place of dad. This will never be your fight and this will never be your place. Back off and let these parents be parents...and YES that means even if dad wants you involved. TRUST ME judges HATE that.

 

[Proserpina]

Additionally, POA does NOT give you permission to act as an attorney.

ETA: um..what RRevak said!

 

[LdiJ]

You want to stay as far away from court as possible. Judges HATE meddling/overstepping stepparents and girlfriends/boyfriends. This is NOT your fight and you need to stay out of it.

Child support does not belong to the child, it belongs to the parent it is being paid to. The parent PAYING the support has no say in what it is spent on.

If the children are adults, why is support even being discussed?

Child support goes to age 21 in NY. That may be why.

 

[donnagal]

Other questions not answered...

Thanks to all who concur that I need to stay away from the courts. I do understand and appreciate the reminder, but I could still really use some information. I've rephrased to make the questions less specific.

Question #1: Current value of bonds co-owned with Adult Child #1's SSN exceeds $2000. Wouldn't these bonds alone make Child ineligible for SSI?

Question #2: The bonds, purchased by payor parent are his property (co-owned with child's name & SSN on the bonds). Property division took place more than 11 years ago. Can the courts force the payor parent to liquidate these bonds?

Question #3: Can the court direct that payments be made into a trust, if the payor parent does not voluntarily agree to that?

New question: What provisions does the law have for parents who are not able, medically, to participate on their own behalf?

I would really appreciate any factual information you have on these questions?

 

[LdiJ]

Thanks to all who concur that I need to stay away from the courts. I do understand and appreciate the reminder, but I could still really use some information. I've rephrased to make the questions less specific.

Question #1: Current value of bonds co-owned with Adult Child #1's SSN exceeds $2000. Wouldn't these bonds alone make Child ineligible for SSI?

I have no idea. I wouldn't think that 2k in assets would make someone ineligble for SSI, because that is fairly piddling, but I am not familiar with the SSI rules. That's a question better asked on a forum that deals with SSI.

Question #2: The bonds, purchased by payor parent are his property (co-owned with child's name & SSN on the bonds). Property division took place more than 11 years ago. Can the courts force the payor parent to liquidate these bonds?

Quite possibly...particulary if the child is disabled and those funds must be used prior to the child being eligible for SSI.

Question #3: Can the court direct that payments be made into a trust, if the payor parent does not voluntarily agree to that?

Possibly...it all depends on the details of the situation.

New question: What provisions does the law have for parents who are not able, medically, to participate on their own behalf?

The provisions of law are for those parents to hire an attorney, and in NY, that means that an attorney can be appointed for them by the state.

 

[ecmst12]

Question #3: Can the court direct that payments be made into a trust, if the payor parent does not voluntarily agree to that?

If you are talking about child support payments, those payments need to be made directly to the other parent, NOT to the child or a trust for the child. Child support payments are NOT meant to go to the child directly, they are meant to offset the costs incurred by the other parent for raising the child.

 

[donnagal]

If you are talking about child support payments, those payments need to be made directly to the other parent, NOT to the child or a trust for the child. Child support payments are NOT meant to go to the child directly, they are meant to offset the costs incurred by the other parent for raising the child.

Thank you for your answer.

Payor parent is already voluntarily paying almost $2000/month child support. Custodial parent wants SSI payments, in addition to the Child Support. It is very complicated. Unless there is a court order requiring noncustodial parent to pay into a trust, noncustodial parent is not required to pay child support once the child gets SSI. In order for custodial parent to get Dad's money and government money, that requires an amendment to the Separation Agreement, which payor parent will not volunteer to do.

Frankly, payor parent wants to stay as far away from the custodial parent, lawyers, and the courts as is possible. He just wants to be left alone. While it might seem tempting to give in to demands of the custodial parent, past history shows that this would not likely be the end. More likely it would be the beginning of more destructive and interfering behavior.

I know that the courts can order noncustodial parent to pay child support, but can they order noncustodial parent to pay into the adult child's 1st party trust (must be funded by child's own assets)?

 

[BL]

If you want answers to SS disability and assets , contact SSA .

I don't think you'll get a Court to order any amounts of CS into a trust fund.

CS , as you have been told is for the child's present support ,not future .

Why not let the child apply for SSI and let the chips fall where they may ,or let Dad continue to pay 2 grand per month until the child turns 21 or becomes emancipated .

Insistently ,NY will not appoint an Attorney for CS hearings alone .

I understand why the double post ,you were directed there.

Look over the worksheet:

New York State Child Support Standards Act.

http://www.divorcenet.com/states/new_york/ny_child_support_worksheet

Plus + In the "exercise of discretion" the court may attribute or impute income from "any resources", including:

 

[donnagal]

Child Support, SSI, court orders, etc.

If you want answers to SS disability and assets , contact SSA .

I don't think you'll get a Court to order any amounts of CS into a trust fund.

CS , as you have been told is for the child's present support ,not future .

Why not let the child apply for SSI and let the chips fall where they may ,or let Dad continue to pay 2 grand per month until the child turns 21 or becomes emancipated .

Insistently ,NY will not appoint an Attorney for CS hearings alone .

I understand why the double post ,you were directed there.

Look over the worksheet:

New York State Child Support Standards Act.

New York Child Support Standards Act - Child Support Worksheet — DivorceNet

Plus + In the "exercise of discretion" the court may attribute or impute income from "any resources", including:

___________________________________
CL, thanks so much for your answers.

Based on my own internet research, I didn't think that the court would order CS to be paid into a trust, else why would they discuss various methods of creative resolution to maintain eligibility in CS arrangements? It is really helpful for me to have a more expert opinion from you.

FYI, Dad has tried to just have things go on until Child #1 achieves age 21, as is, but Mom persists in trying to get Dad to do what she wants--the way she wants--despite his stated unwillingness to take that course.

Child #1 will not cross Mother and apply for SSI. She also holds his POA. In any event, he would be ineligible for SSI due to bonds Dad holds, as well as other assets of his which would need to first be put into a First Party trust.

Dad won't need a court appointed attorney. He has one but can't even speak with him to set up an appointment until next week. Information is power.

 

[ecmst12]

If dad can pay $2k/month in CS without even having a court order for it, then I'm guessing he can afford to pay a lawyer too...