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Social Security Disabilty Dependent Benefits

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Blue3008

Junior Member
What is the name of your state?What is the name of your state?New York

I have a 10 year old son with a female who I was not married to. In 1999 we executed a stipulation for me to pay 500 dollars monthly plus my son would also get a Social Security Disability Dependent Benefit. The Stipulation was fild in Richmod County Family Court in front of an Administrative Hearing Officer. In June 2000 I was forced to retire from the NYPD after 15 years and six months, due to my illness, as I need a liver transplant. My total income is 54,000 a year (30,000 disability pension, 24,000 Social Security Disability) My sons mother voluntarily retired 2 years ago from the NYPD after 20 years. She then moved to NJ and got remarried. My son was enrolled in school in NJ approximately 3 yrs ago. My son has learning disabilities and he was receiving additional school recources while living in NY. His mother has it in her head that she is allowed to move 50 miles from me one way as this is what is written in a divorce agreement I made with my ex wife in 1994 as part of the child visitiation provisions. There is no provisions for my sons mother to move him anywhere in my Stipulation and she basically told me she was moving, not asking for my permission. I cannot drive that distance to see my son most days as I have a problem driving from my disability. Now she tells me that she is building a house in Delaware and she is moving there with my son in two years. Once again she told me, she didnt ask me if it was ok. Since her and my son are NJ residents who has jurisdiction over determining child support. Can she just move from State to State on a whim without my permission? as of September 2005 she will be receiving 500 dollars a month for child support from me and 475 dollars in Social Security Disability Dependent Benefits from Social Security based on my work record. Should any part of this Social Security she receives count as child support? $950.00 for one child seems a little excessive to me. I have 3 other children from a prior marriage and I am paying 1200 a month in child suppport, one of them under 18. That comes to $1675 per month for three kids ( Thats $558 per child). Plus I also contribute to the two older children college. I do not look at the $558.00 as being excessive as it will be ending in a few years. My ex wife is the sole income provider in her home. My questions are 1. Is the $975.00 my sons mother gets for him excessive. 2. Should my sons SS Benefit count towards child support. 3. Can she keep moving wherever she wants without my permission. 4. Who had jurisdiction over child support if she moves again. 5. Am I responsible to go to court 3 states away every time she see's fit (Last time I had to go to NY Family Court when I moved and didnt give her written notice. She had my phone number and amazingly tried to have me served at my residence by 2 Police Officers. She went to my mothers house where I didnt live and handed my sister in law court papers in a sealed envelope telling her they were papers from my sons school) 6. It says in the stipulation that I will provide Medical Insurance for my son. She has construed this to mean that I am responsible for all medical bills also and she gives my name and address to Dr's and Hospitals that dont accept my medical insurance. 7. She always refers to the stipulation signed by her, her lawyer, my lawyer and me as a court order because of the words "So entered". The Administrative Judge asked if all parties agreed and we said yes. She did not order any of the provisions of the Stipulation"
 


BL

Senior Member
You need to file for Both Modification of Visitations , and Modification of Support .

They are two separate issues , heard in 2 separate parts of the Courts .

Since you already had a Hearing in NY for support by a Hearing examiner , you should be able to Petition for Both in NY Family Court .

If there were no clear provisions against her moves with the Children , NY might decline Jurisdiction , but at least you can Petition and get that decision for Both issues .

Then If you have to , hire an Attorney in Her Jurisdiction to represent you on both issues .

The SSDI Dependant income should be considered in determining the amount of Child Support .

You need to Petition for modification on Both issues .

Even IF she was allowed to move greater distances with the Children, She should be Ordered to provide transportation to some degrees based on the Fact She created the Distance and Your disability .

Was the Lawyers record of Stipulations entered into record ?
If so , the Order reflects that .
 

litlbitsdad

Junior Member
I do not know about the moving issue, but I can tell you in my state, Texas, the way they figure SSD vs CS { I too am on SSD and my son receives a monthly benefit}

Texas Staute states in part that if the child in question is receiving SSD monthly benefits based on the parents disability, who is required to pay CS, then the amount of CS owed shall be deducted from the benefit amount.

Examples;

CS Ordered 1000.00 month
SSD 800.00 month

CS payment due 200.00 month


CS Ordered 700.00 month
SSD 808.00 month

CS payment due 0.00

Check with your state on there guidelines, they may have something similar.

Good Luck!
 

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