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I am New to SFV
Posted
Okay I am having some problems here. I filed for child support last year in November, and I done went through all the dna test. Well let me say this first my son's father is disabled and doesnt work. So I get told that he does'nt have to pay child support until he decides to get off of SSI. But he also receives SSDI, and my child was denied that. He has never even seen my son, he only sent me $50 once to get him some diapers and wipes :angry: . And then after I had my son I find out that he has 5 other kids that he don't take care of. So I was wondering if there was a way that the CSE could make him pay, even thoug he gets SSI/SSDI?
 
Posts: 1 | Location: lakeland, FL | Registered: 10 August 2005Reply With QuoteEdit or Delete MessageReport This Post
"escalators can never break. They can only become stairs.."
Setting New Standards
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Hey, welcome to the forum! I wish I had some good news for your first post, but I don't.

CS can't be taken out of permanent disability payments made by the federal government. If he broke his leg and was on temp disability from his employer, you could get CS from that. Sorry.
 
Posts: 1205 | Location: Minnesota | Registered: 19 August 2004Reply With QuoteEdit or Delete MessageReport This Post
"I want back in the closet"
Lively & Zealous Parent
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Sorry but whats SSI?
I am assuming child support was court ordered. If it was and its not getting taken out of what ever money hes got coming in then it is his responsibility to send money to the courts. I understand that it is highly unlikely he is going to send a check to the courts every month so about all you can do is wait. Once the back amount gets big enough then they will hall him into court and demand he pay some or go to jail. Also if he has anything worth money a car or house he owns they will adventual take that. At least thats how it works in Michigan.

Sorry I don't have any good news or could offer any great advise.
 
Posts: 631 | Location: The Land of Wolverines | Registered: 02 June 2004Reply With QuoteEdit or Delete MessageReport This Post
"escalators can never break. They can only become stairs.."
Setting New Standards
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SSI is social security income, SSDI is social security disability income.
 
Posts: 1205 | Location: Minnesota | Registered: 19 August 2004Reply With QuoteEdit or Delete MessageReport This Post
I am New to SFV
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SSI benefits are exempt from child support enforcement activities. Cases in which the obligors only source of income is SSI must be closed pursuant to the case closure regulations. The support order should be set at zero before closing the case.

For individuals receiving both SSDI and SSI, or for individuals receing SSDI and who would be eligible for SSI benefits except for excess income, only 5% of the individuals SSDI benefits may be used to meet child support arrearage obligations.

Local child support agencies must file a motion with the court to modify a support order within 30 days of becoming aware that an obligors SSI income was considered in establishing the court order. If more than 5% of an obligors SSDI benefits are inappropriately being attached to meet arrearage obligations, the child support agency shall issue an amended income withholding order.

If the obligor is receving SSI and SSDI the agency shall assure that the current support order reflects the obligors ability to pay based only on the obligors SSDI benefits. At this time if the obligor has an arrearage they court may order no more than 5% of their SSDI be attached for the liquidation of arrearages.
 
Posts: 5 | Location: Colorado | Registered: 16 January 2006Reply With QuoteEdit or Delete MessageReport This Post
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