Single Family Voices - For Single Parents Online Single Parent Forums Child Support child support question|
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Parent on Board |
I have a problem regarding child support. who is a good one to private message and try to explain the mess that I am in?
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"Least Fun Guy You Know" At A loss for Words - NOT! |
lol...well...there really is no committee. Feel free to post the details here if you want, however, and maybe someone will have been in the same situation you're in. I kind of like figuring out the details of CS for different states, but I've never looked at IL. We used to have a lawyer come by, but I haven't seen him in awhile... Later, Bobby |
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Parent on Board |
Short of the story is: I was getting child support then found out my ex finally got his social security benefits- so our daughter as his dependent could als0. So I applied for them-- I was told to come in right away and was asked five thousand times who had custody of her and if she lived with me. And when I told them I have her 24/7 except for his visitation they told me there was a problem and to come in the next day to the office to get it striaghtened out. My thought was he was claiming she lived with him and was fetting her benefits also- but I don;t have proof of that and they won't tell me of course.
Anyway, I got benefits going for her then called the state office which handles the cs, they told me until they modify the order I can get both but because I told them there was basically a change in his situation, they would look into modifying it so he would not have to pay child support anymore since his income was lowered obviously since he was declared disabled. So they mailed me a packet to fill out financial papers stating my bills and my income, they mailed him the same. He never filled it out, three months later I call and ask where things stand. They again mail us our papers and again say they will review it. Finally a year later , they mailed me a paper wanting proof I am getting social security benefits for my daughter so I mail them a copy of her check. It still is in limbo. Every visitation he threatens to take me to court and yells out me for getting child support and social security benefits for my daughter. But I basically have done everything I can- I mail them the papers back. I--NOT HIM-- was the one who told the state she was getting social security benefits-- I basically have been getting badgered over this and have done what I can but tell them myself to drop the child support order. I don't to that- I am thinking in case he decides to go to work in the future. I want someone else who is more qualified to make that decision- the decision that I am not entitled to both and that he can't afford to pay the cs. Sorry the short story turned into a big one. Anyone know anything about how this works? |
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"Mod Member on Board" At A loss for Words - NOT! |
I replied in your "Law and Legal" thread but prior to this latest post. I don't know if this is useful but here's a link to my reply;
http://singleparentsnetwork.com/cgi-bbs/ultimatebb.cgi?...t_topic;f=3;t=000402 |
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Parent on Board |
Thanks jaysdad, it was very helpful in other aslpects also.
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Getting My Feet (Board) Wet |
I'm in IL. I'm not familiar with your situation, but I believe it is the non custodial parents responsibility to file for modification. I'm not sure whether or not you can, and I do know you can modify at any time based on an extreme change of circumstances with the NCP.
If you look under the Illinois section here, Dawn posted a link to the child support in Illinois group. It's strictly for CS edcuation and questions. I'd an extremely informative group. I'm a member there..... hth and GL C' |
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Parent on Board |
That would be great news if it is the responsibility of the noncustodial parent to file a modification. But right now I am looking at possibily paying back over 5 grand for child support repayment while she got her ssa checks, if he pursues it.
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Parent on Board |
which is the bigger amount? the social security or the child support? If you do not know, you can figure the amount of child support based on the previously posted links to your state. Have you contacted your caseworker? you obviously have internet access, so do some research. i would think that if he continues to pay the child support then he is voluntarily doing so especially if he knows you are getting social security benefits for her. turn the tables on him and tell him that he needs to do the work and as of now save whatever child support you get just in case you have to repay it. I would fight it if they make you pay back child support since he got social security- you did not know he was on social security- Right... get my drift.
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Parent on Board |
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Parent on Board |
sorry, i forgot you applied for social security for your daughter therefore you would know he was on social security. so, you have a dilemma... i still think that since he is still paying child support and knows she is receiving social security that it is his responsibility to do somethign about it.
Girl, you have got to be proactive and call your caseworker to find out what to do. you may have to give one of the sources up but take care of this now! |
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Parent on Board |
Thanks kc mom. I talked to the case worker face to face and she cannot tell me what is going to happen about paying back the child supoport. she said he could ask fo rit through a lawyer and then thaats when I bring up everyhting I did to get it stopped and all the emails to the state and all the ppaerwork copies I did to get it stopped. The ssa is defintely more than the child support but I wasn't getting both from sept 2044 to july 2005- just child support that the period he was applying. Therefore when his benefits were granted, they gave my daughter a check for all those months aug 1st- like his back pay check. I needed the child support to provide for her during that time. I hope if this goes to court the judge considers that also. He never told me he got socials ecurity I found that out myself. When my child support came on a later date, I asked him about it he still said it was coming from job that he had two years prior. I called the social secuirty office to ask- they asked me a million of times during that conversation who had custody of her then finally gave me a appointment the very next day. The original application had him ascustodial parent. Interesting , uh?
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Parent on Board |
well, you sound like a smart lady and have things pretty much under control. it is so true that money does weird things to people. I wish you the best. |
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Parent on Board |
Does he owe you any back support prior to all of this?
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On the Board |
This is actually pretty straight forward.
In California (most states are similar), if the NCP is receiving social security related to a disability, and this qualifies the children to receive some of that money as well, the child support order is credited dollar for dollar according to what the children receive in SS. For example, if the CS order is $350 per month and the children receive $100 per month through SS, the NCP would receive credit for $100 per month toward his CS obligation, leaving a balance of $250 per month. What really needs to happen is a modification so that the SS income can be considered. That is the answer in a nutshell. However, you should speak with your SS office and a supervisor at the Child Support Office to confirm the above is correct in your state. Good luck! Ronn [ChildSupportEnforcers.com]<br />  |
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Single Family Voices - For Single Parents Online Single Parent Forums Child Support child support question
