junetwin2
10-31-2006, 04:01 AM
If a person recieves child support and also recieves social security disability benefits do they have to report this? and if they decide to move to wisconsin do they have to report this income to wisconsin ?
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junetwin2 10-31-2006, 04:01 AM If a person recieves child support and also recieves social security disability benefits do they have to report this? and if they decide to move to wisconsin do they have to report this income to wisconsin ? xena 10-31-2006, 03:12 PM If a person recieves child support and also recieves social security disability benefits do they have to report this? and if they decide to move to wisconsin do they have to report this income to wisconsin ? When a person recieves SSI (not SSDI) it is income based, therefore ALL HOUSEHOLD income must be reported to SSA. SSDI is not income based and there is no requirement to report any income. When moving from one state to another the SS reciepant is required to inform the SSA of thier new address. dwj119 10-31-2006, 05:49 PM I found this on the divorcenet.com site for PA. How is Income Defined in Pennsylvania Support Cases? Income for support purposes includes such things as wages, salaries, overtime pay, commissions, bonuses, interest, rental income, retirement income, Social Security retirement or disability payments, workers compensation, unemployment compensation, income from an interest in a business, entitlements to lump sum awards such as lottery winnings and any other sources of income. If a person does not have any income, but is capable of working, the parent may be accessed with an earning capacity. Rather than using gross or before tax income, the court uses the monthly net, or after tax, incomes of each parent. Net income for support purposes is oftentimes different than the amount of money received in a parent's paycheck or what is listed on the parent's tax returns. For support purposes, net income is defined as gross income minus actual federal, state, and local income taxes, union dues, non-voluntary retirement payments, F.I.C.A. payments, and alimony payments paid to the other party. michelle1992 12-06-2006, 12:28 PM I also found this on the internet.. I have been doing some searching because I have an ex that is throwing a "fit" because I receive SSI (Supplemental Securtiy Income) for my daughter.. so now he says that it is "against the law" for him to be paying me Child Support, since I am now receiving SSI. This is what I found: Withholding from Government benefits. Income withholding is one of the most effective means of securing payment. As long as the non custodial parent receives periodic income from the identified income source, it is possible to collect on the child support obligation without having to rely on the non custodial parent to make the payment. Benefits that are characterized as remuneration for employment are traditionally subject to withholding for child support purposes. These would include Social Security Disability payments, but not Supplemental Security Income, which is a need-based benefit. michelle1992 12-06-2006, 12:31 PM Sorry, I also wanted to say that I had to report my CS payments to the SSA so they could adjust what they were giving me in SSI payments. I am still waiting to see if my ex is going to take me back to court-- like he claims he is going to--- so that he can have his CS payments dropped because of my "extra" money coming in. GotSmart 12-06-2006, 12:42 PM Sorry, I also wanted to say that I had to report my CS payments to the SSA so they could adjust what they were giving me in SSI payments. I am still waiting to see if my ex is going to take me back to court-- like he claims he is going to--- so that he can have his CS payments dropped because of my "extra" money coming in. Does he honestly think that your income will change his OBLIGATION to support his children? If you are trying to get by on SSDI, you NEED every penny you can get to help keep HIS children in food, clothing, and in a warm house. Sorry for the caps, but deadbeat parents bother me. :mad: xena 12-06-2006, 01:23 PM Does he honestly think that your income will change his OBLIGATION to support his children? If you are trying to get by on SSDI, you NEED every penny you can get to help keep HIS children in food, clothing, and in a warm house. Sorry for the caps, but deadbeat parents bother me. :mad: Michelle1992's situation isn't that she is recieving SSI for herself, she's recieving it FOR her child who is disabled. As I advised her in her thread, because the SSI is for her child, not her, the court does have the authority to lower the NCP's CS payments. http://www.laborlawtalk.com/showthread.php?t=164660 This isn't something that the court will definately do, but the court does have the power to consider the NCP's income, the CP's income, the SSI, the child's proven needs, etc. when deciding to decrease the CS or not. In this particular poster's situation a court might lower the on going CS but add arrears payments, bringing it back up to the same amount as before. It is decided on a case by case basis. michelle1992 12-06-2006, 01:42 PM Thank you ,Xena... We have already been into court to adjust his CS payments before... he was paying a set amount of $248.00 a month, but then after a while he decided that he wasn't going to pay because he didn't agree with the amount they were making him pay... He thought and said that it was too much. So, he refused to pay, and wouldn't pay, even though it was court ordered. So, last year, the Judge told him he either had to pay or spend 6 months in jail.. He decided to pay to stay out of jail, BUT... the Judge UPPED his amount he had to pay, in order to bring down the arrearages... which was $2400.00. So, now he is paying $300.00 a moth, which is $216.00 plus $84.00 on the back arrearages. My ex has been complaining about this ever since it happened, and is trying to figure out a way to either get it lowered again (he also stated that 200.00 a month was too much), or he wants to get it terminated altogether. My ex isn't looking out for his kids .. he is looking to get revenge on me for doing what I did 3 years ago. GotSmart 12-06-2006, 02:52 PM Thanks for the clarificaton, Xena. I still have a wild hair for deadbeats. :mad: |
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