No Payment Okay?

[Sachiko96]

What is the name of your state? MN CS order in IA

Here is the background:

My husband and I have custody of his 11 yr old son. He lives with us 99.9% of the time.

We have a CS order in place through IA CSR. The monthly payments are supposed to be $50.00/month, she actually had them reduce the payment down due to no income thus the small amount.

Currently, NCP has chosen not to retain gainful employment over the past year. We saw the last payment deposited on 8/27/07. So currently she owes over $9000 in back support and in our last conversation with CSR, they say they cannot move forward with enforcement.

My husband has asked them to see if they would suspend her driver's license but was told that she does not have one. And so he asked if they would file a contempt of court order and was told no, she is "exempt".

When my husband asked what that meant, CSR told him that they could not enforce the order due to this. Thus, if she had a driver's license they couldn't take it away....etc. The person my husband talked to said that the exceptions could be that she is caring for an elderly person, or on welfare. We know she's on welfare, so we're assuming this is why they refuse to enforce.

I am wondering if there is any recourse we can take? How is that she is able to choose not to work and milk the state for everything they've got and yet they are not willing to force her to work and pay CS? Also she get SSDI...she supposedly has PTSD.

Can anyone help? We don't neccesarily want to adjust it now, until she is working. Mainly it's to get the point across....to be financially responsible for her child. And we've never expected anything so, have never budget CS into ours. Also, she has not filed any state or federal taxes for at least the last 2-3 years...???

Thank you!What is the name of your state?

 

[BL]

What is the name of your state? MN CS order in IA

Here is the background:

My husband and I have custody of his 11 yr old son. He lives with us 99.9% of the time.

We have a CS order in place through IA CSR. The monthly payments are supposed to be $50.00/month, she actually had them reduce the payment down due to no income thus the small amount.

Currently, NCP has chosen not to retain gainful employment over the past year. We saw the last payment deposited on 8/27/07. So currently she owes over $9000 in back support and in our last conversation with CSR, they say they cannot move forward with enforcement.

My husband has asked them to see if they would suspend her driver's license but was told that she does not have one. And so he asked if they would file a contempt of court order and was told no, she is "exempt".

When my husband asked what that meant, CSR told him that they could not enforce the order due to this. Thus, if she had a driver's license they couldn't take it away....etc. The person my husband talked to said that the exceptions could be that she is caring for an elderly person, or on welfare. We know she's on welfare, so we're assuming this is why they refuse to enforce.

I am wondering if there is any recourse we can take? How is that she is able to choose not to work and milk the state for everything they've got and yet they are not willing to force her to work and pay CS? Also she get SSDI...she supposedly has PTSD.

Can anyone help? We don't neccesarily want to adjust it now, until she is working. Mainly it's to get the point across....to be financially responsible for her child. And we've never expected anything so, have never budget CS into ours. Also, she has not filed any state or federal taxes for at least the last 2-3 years...???

Thank you!What is the name of your state?

Ok , stuff happens in life .

What you want and what is legally possible are two different realities .

She receives SSDI according to you .

SSDI ( benifits from work history ).

SSI ( supplimental - not from work history ) .


Can Social Security benefits be garnished to pay a debt? Answer
Section 207 of the Social Security Act (42 U.S.C. 407) protects Social Security benefits from assignment, levy, or garnishment. However, the law provides five exceptions:
Section 459 of the Act (42 U.S.C. 659) allows Social Security benefits to be garnished to enforce child support and/or alimony obligations; Section 6334 (c) of the Internal Revenue Code (26 U.S.C. 6334 (c)) allows benefits to be garnished to collect unpaid Federal taxes;
Section 3402 (P) of the Internal Revenue Code allows beneficiaries to elect to have a percentage of their benefits withheld and paid to the Internal Revenue Service to satisfy their Federal income tax liability for the current year;
The Debt Collection Act of 1996 (Public Law 104-134) allows benefits to be withheld and paid to another Federal agency to pay a non-tax debt the beneficiary owes to that agency: and
The Tax Payer Relief Act of 1997 (Public Law 105-34) authorizes the Internal Revenue Service to collect overdue federal tax debts of beneficiaries by levying up to 15 percent of each monthly payment until the debt is paid.
The Social Security Administration's responsibility for protecting benefits against legal process and assignment usually ends when the beneficiary is paid. However, once paid, benefits continue to be protected under section 207 of the Act only as long as they are identifiable as Social Security benefits. This applies to money in a bank account where the only payments into the account are from direct deposit of Social Security benefits.
NOTE: Supplemental Security Income payments cannot be levied or garnished.

Now run that by CS enforcement .

 

[Sachiko96]

Okay so if she has SSI, can it be taken to satisfy the back CS?

I realize what we can do legally and what we can't do is not always the same. It is frustrating when the state is allowing her to get welfare and saying it's okay NOT to pay any child support. That she is exempt.

 

[LdiJ]

I bet its SSI she is receiving rather than SSDI. She doesn't sound like the kind of person who would have enough work credits for SSDI.

 

[moburkes]

Did you read the bottom of the previous post?

 

[BL]

Okay so if she has SSI, can it be taken to satisfy the back CS?

I realize what we can do legally and what we can't do is not always the same. It is frustrating when the state is allowing her to get welfare and saying it's okay NOT to pay any child support. That she is exempt.

What the State is saying is that those funds are exempt .

The State has exhausted it's options , except for incarceration , which will unlikely happen to a person on Disability and in that situation .

 

[Gracie3787]

Okay so if she has SSI, can it be taken to satisfy the back CS?

I realize what we can do legally and what we can't do is not always the same. It is frustrating when the state is allowing her to get welfare and saying it's okay NOT to pay any child support. That she is exempt.

No, SSI cannot be garnished.
You should find out whether she's getting SSI, or SSDI. IF it is SSDI, her child can also recieve SS benefits.

 

[Sachiko96]

Blond Lebinese,

The IA is the state where the order has placed. They are not saying the payments are exempt, they are telling us that SHE is exempt from ANY prosecution regarding no payment or owe back support.

She does not have a driver's license to take away or suspend. Nor does she have any gainful employment. My husband asked if they could/would file a contempt of court order due to lack of payment, and was told no. Why?

Because she either is "caring for an elderly person", which we know she is not. Or she is on state funded assistance. Which she is. So, we are assuming (and my husband asked CSR the specific exemption, and was told it was private and could not be told.) that due to her being on state funded assistance she is exempt from prosecution.

She also has been incarcerated previously, on felony charges for 3 years. So, I don't understand why NOW it would make a difference due to her "disablity".....just because it's owed CS?

And honestly, I don't think the State has exhausted any means of prosecution or enforcement. They told my husband that they didn't know where she was living, and yet they are currently sending her every single form of assistance possible. i.e. welfare, rental assistance, food stamps, free medical care and daycare assistance. And all my husband had to do to find out her address was call and ask, she gave it to him and the he turned around and gave it to CS. And this was 1 week ago.

Gracie,

I will find out for sure if she receives SSDI or SSI. I too am assuming that she is receiving SSI and not the latter, due to her utter laziness and lack of self respect.

 

[Sachiko96]

And what about her unfiled state and federal taxes?

Is there anything we can do so she will be forced to do them? We are assuming that she has not done them because she knows that the refund will be sent to my husband via CS.

Does she have to file taxes?

 

[moburkes]

And what about her unfiled state and federal taxes?

Is there anything we can do so she will be forced to do them? We are assuming that she has not done them because she knows that the refund will be sent to my husband via CS.

Does she have to file taxes?

How do you know that she has a refund due?

 

[Sachiko96]

How do we know that?

She also has 2 children via a different man, and makes under the specified amount to get EIC. She knows this, and my husband has also made this known to her.

Yet she still refuses to file her state or federal taxes. We have even offered to pay for the tax preparation for all the years she's missing. Which we believe are 2004-2006. We don't think she file this years either.

 

[BL]

And what about her unfiled state and federal taxes?

Is there anything we can do so she will be forced to do them? We are assuming that she has not done them because she knows that the refund will be sent to my husband via CS.

Does she have to file taxes?

You could possibly get a court order to direct her to file for them , I'm not sure , but realistically , why are you so hell bent on collecting funds you may never see ( or at least right now ) , or having her incarcerated .

Look from the outside for just one minute and put yourself in a disabled persons place .

Crap happens in life .

 

[TinkerBelleLuvr]

A court can't make her file her taxes. If she would actually get a refund from the IRS, they won't make her files (or calculate them for her) either. Same situation, different X. Makes no sense to me, but hey ... what can we say.

 

[Sachiko96]

Blond Lebinese,

Why am I hell bent on getting the $$ that I know we'll never see? It's not about the money. It's the idea behind it. She chose to have my step son, and wanted the benefits of being "mom"....with out any of the responsibility. And I'm not looking to have her incarcerated, per se.

She is that type of person that manages to get away with everything under the sun. The main reason we received custody of my step son is because she was irresponsible. My step son who was barely 1 at the time, was found in her apartment complex hallway....alone. He had defecated in the hallway and was locked out of the apartment. The landlord had to let him/herself in to physically wake her up....and she did not realize he had managed to get out. THEN 2 weeks later he was found OUTSIDE in October with just a diaper on....ALONE! And CPS gave her custody back temporarily, because she told CPS...that she didn't know where my husband was at??! We just spoke to her the day previous to that, and she knew where we were.

In any case we were eventually given temporary custody until we were able to take her to district court for permanent custody. Which took over 3 years. She has gotten away with numerous things....the list is so long...I don't even want to think about it.

And she is NOT disabled. My husband lived with her while she was receiving SSI. He knew she got a psychiatrist to say she has PTSD so she could get SSI. She has held jobs previously, because she was forced to do so by her parole officer after she was released from prison. So, she is physically and mentally able to work.....she just chooses not to.

 

[Zigner]

WADR -

This is not YOUR fight. YOU were not given custody and YOU are not entitled to ANYTHING from the child's mother.

You seem very vindictive.