College/Child Support/SSI Question

[Soulja183]

undefinedWhat is the name of your state?Illinois

In 97 my father was left disabled in a car accident. In 2000 or 2001 my mother divorced him and took my sister with her when she left. Divorce papers say she cannot go after him for any other costs, but the real issue is the money my sister gets from SSI.

Does her check for ~$600/month count as child support since it comes from SSI and my father's income is 100% from disability?

Also, how is this money to be handled? My mother seems to think she is entitled to some of it for cost of food/housing/clothing, etc.. The problem is that she gets ~$600/month and there is NOTHING left over and no money to pay for college. Now she wants my father to either chip in with his limited income from disability or she has threatened to take him to court to force him to pay his share. He thinks the SSI money she was getting for the past few years (along with the money they were getting before she divorced him) should have been saved (at least part of it) for college..

My take on the situation is that the money she gets each month acts as her child support, and that he had no out of pocket obligation to pay anything. It also seems that the money she recieved should have been saved for college. Anyone know the Illinois Law regarding SSI payments and how they are to be handled by the parent recieving them and also the law regarding the disabled parent's obligations regarding college?

Thanks in advance!

 

[BelizeBreeze]

undefinedWhat is the name of your state?Illinois

In 97 my father was left disabled in a car accident. In 2000 or 2001 my mother divorced him and took my sister with her when she left. Divorce papers say she cannot go after him for any other costs, but the real issue is the money my sister gets from SSI.

Does her check for ~$600/month count as child support since it comes from SSI and my father's income is 100% from disability?

Nope.

Also, how is this money to be handled? My mother seems to think she is entitled to some of it for cost of food/housing/clothing, etc.. The problem is that she gets ~$600/month and there is NOTHING left over and no money to pay for college.

that's between your sister and mother

Now she wants my father to either chip in with his limited income from disability or she has threatened to take him to court to force him to pay his share.

Tell mom to kiss dad's ass.

He thinks the SSI money she was getting for the past few years (along with the money they were getting before she divorced him) should have been saved (at least part of it) for college..

that is not his business.

My take on the situation is that the money she gets each month acts as her child support, and that he had no out of pocket obligation to pay anything. It also seems that the money she recieved should have been saved for college. Anyone know the Illinois Law regarding SSI payments and how they are to be handled by the parent recieving them and also the law regarding the disabled parent's obligations regarding college?

Thanks in advance!

your 'take' is worthless. SSI is not a party to the divorce decree. It's a benefit from the government to a child.

 

[Soulja183]

Not to sound ungratefull for the reply, but I was looking for a bit more explanation of the law regarding these issues..also, i guess i was not clear on what i meant by my 'take' on the issues. I should have used the phrase, 'my understanding' which would be based on information I have found online or second hand from people who work around but not directly with the SSI program. I'm just looking for more solid info regarding the situation. But thank you none-the-less!

 

[BelizeBreeze]

Well if you want a more thorough discourse on this matter, you'll have to inherit some sort of legal standing to challenge the award which you do not have.

Simply put, this issue will take your father years and thousands to reach the same conclusion that was offered here.

 

[Soulja183]

The problem though is not that my father is challenging an award.

The problem is that my sister has been recieving payments of over $600/month from SSI for the past 5+ years. Though I agree that SOME of that money should have went to help my mother pay for my sister's living expenses, I do not think that ALL $600 should have been spent. Even she says it all did not go to expenses, but to trips, entertainment, etc.. Now, less than a year until she graduates high school and 5 months from her 18th birthday when benefits will cease, my mother is saying there is no college money, nothing was saved not even from the SSI payments. She says she can go to court and have my father ordered to pay half of my sister's college tuition despite having recieved over $33,000 over the past 5 years for my sister's current and future expenses. Legally, should she have saved that extra money? Also, legally, is my father responsible for tuition even though he lives off of a disability check?

Also, to clarify, my mother is the one who spent the money. My sister is still a minor and my mother handles her expenses. Any time she goes to a movie, the money comes from this check. Gas-from the check. Medical bills-check. She does not pay much if anything from her own pocket.

 

[BelizeBreeze]

O.K. maybe if I type real slow.

First issue. It doesn't matter what YOU think. You have no legal standing to challenge anything.

Second issue. Your father has no legal standing to challenge the award or how it is distributed.

Third issue: there must be a signifigant change in circumstances to modify a support order. To this point you have not provided one for which the court can modify.

Fourth issue:No one can tell you who is legally responsible (if anyone is) for sis's college expenses because to determine that we would have to read the entire custody order which you have not provided here verbatim.

 

[Soulja183]

For once you give me something I can build on. I need to get a copy of the custody order, something you could have told me in response #1.

Second, there is no court order. As I stated before, the court has not ordered child support because my mother never went after it. This has been one of her claims that she "Could Have" recieved support even though she already recieved it in the form of SSI money paid on his behalf.

Third, no one is challenging the award, or its distribution. Instead, we want to know what the law says about the use of SSI benefit payments in regards to beneficiaries under the age of 18. If the representative has a legal obligation to save any money not used for primary living needs. That is my question.

Fourth, I have already stated that my opinion is not what I am asking. I want to know what Illinois Law says when it comes to disabled parents recieving SSI Disability payments. Can they be forced to pay college tuition for a child that is over the age of 18?

If you can't answer these questions, then please do not respond. If you cannot answer these questions without being ugly, please do not respond. Thank you.

 

[Gracie3787]

The problem though is not that my father is challenging an award.

The problem is that my sister has been recieving payments of over $600/month from SSI for the past 5+ years. Though I agree that SOME of that money should have went to help my mother pay for my sister's living expenses, I do not think that ALL $600 should have been spent. Even she says it all did not go to expenses, but to trips, entertainment, etc.. Now, less than a year until she graduates high school and 5 months from her 18th birthday when benefits will cease, my mother is saying there is no college money, nothing was saved not even from the SSI payments. She says she can go to court and have my father ordered to pay half of my sister's college tuition despite having recieved over $33,000 over the past 5 years for my sister's current and future expenses. Legally, should she have saved that extra money? Also, legally, is my father responsible for tuition even though he lives off of a disability check?

Also, to clarify, my mother is the one who spent the money. My sister is still a minor and my mother handles her expenses. Any time she goes to a movie, the money comes from this check. Gas-from the check. Medical bills-check. She does not pay much if anything from her own pocket.

If your mother had wanted to make sure that your sister could go to college, she should have set some of the SSI money into savings for college. LEGALLY, UNLESS it was written into the CO that your father is responsible for college expenses, it will be virtually impossible for her to get a court to order him to pay.

Many custodial parents take movies, entertainment, trips, etc. directly out of CS monies. All it means is that your mother had plenty of income to actually support your sister, which in turn means that if college had really been important to her she could have, and should have, saved some for college.

 

[Soulja183]

thank you Gracie.. You have answered my question! God Bless You..

 

[BelizeBreeze]

For once you give me something I can build on. I need to get a copy of the custody order, something you could have told me in response #1.

you want to get snippy with me then you're on your own.

Second, there is no court order. As I stated before, the court has not ordered child support because my mother never went after it. This has been one of her claims that she "Could Have" recieved support even though she already recieved it in the form of SSI money paid on his behalf.

then it's a moot point isn't it?

Third, no one is challenging the award, or its distribution. Instead, we want to know what the law says about the use of SSI benefit payments in regards to beneficiaries under the age of 18. If the representative has a legal obligation to save any money not used for primary living needs. That is my question.

The representative has the LEGAL right to spend the monies collected for the support of the child. The court will not step in and tell that person you must buy a box of cheerios, two pair of pink panties and a tube of stiped toothpaste. Therefore, no, she doesn't have to give the kid one cent. She can spend it all on rent, utilities and food. After all, it's for the support of the child.

Fourth, I have already stated that my opinion is not what I am asking. I want to know what Illinois Law says when it comes to disabled parents recieving SSI Disability payments. Can they be forced to pay college tuition for a child that is over the age of 18?

I have already told you no.

If you can't answer these questions, then please do not respond. If you cannot answer these questions without being ugly, please do not respond. Thank you.

fine. have fun getting your ass handed to you by someone else who doesn't have the patience to try to get you to understand you HAVE NO CASE.

 

[BelizeBreeze]

thank you Gracie.. You have answered my question! God Bless You..

what a flaming bitch