My bf's ex is claiming that since she is type 2 diabetic that she is going to start receiving ssi. I think she is believing that if she is on ssi, that she will no longer have to pay cs (which she doesn't pay now anyway). My bf was awarded custody in March and she has not paid a penny on cs.

My question is that, if she in ssi will she have to pay cs? Will she still be responsible for the arrears? She has not filed a modification of cs yet.

We now live in PA, court order and NPC is in Fl. Thanks!

Yes she will still be responsible for her support order.

My bf's ex is claiming that since she is type 2 diabetic that she is going to start receiving ssi. I think she is believing that if she is on ssi, that she will no longer have to pay cs (which she doesn't pay now anyway). My bf was awarded custody in March and she has not paid a penny on cs.

My question is that, if she in ssi will she have to pay cs? Will she still be responsible for the arrears? She has not filed a modification of cs yet.

We now live in PA, court order and NPC is in Fl. Thanks!

She will still have to pay according to the existing order, until the court modifies the order. IF she does get only SSI, and files for a modification it is extremely likely that she will not have to pay CS at all. In Florida if a NCP is disabled with only SSI, the court cannot order CS because income from SSI is exempt from CS and garnishment.

For now, don't worry about it, if she does actually file, your BF needs to immediatly request proof of the disabilty and SSI. When the SSA deems a person to be disabled, they will get an offical letter from the SSA explaining what the SSA's findings are. Another letter will be an explaination of benefits due and what the benefits will be. Your BF should ask for CERTIFIED copies of BOTH letters if she files to modify.

first off this was years and years ago...

but when I was seven my dad got custody of me, my mom was on ssi, and they deducted a portion of it and sent it to my dad for CS.

so I dunno...either it changed or they can still deduct it. I dunno. I can't ask my mom as she has passed already. :confused:

Xena is correct...Supplemental Security Income payments cannot be levied or garnished (at least, currently).

Check the bottom of the page at http://www.ssa.gov/deposit/DDFAQ898.htm.

That being said, the same page also reads: 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.

So it would appear that child support obligations may be withheld from disability payments (see http://www.ssa.gov/OP_Home/rulings/ssi/03/SSR82-38-ssi-03.html).

My sister's ex-boyfriend gets Social Security and it gets garnished and sent to her for child support of their son and has been for the last 6 years. In fact, today is my nephew's birthday. He is 6 today. The ex lives in Arizona and my sister lives in Ohio. I'm not sure about what the laws are but I do know that she is receiving child support and her ex is not working, he only gets Social Security.

My sister's ex-boyfriend gets Social Security and it gets garnished and sent to her for child support of their son and has been for the last 6 years. In fact, today is my nephew's birthday. He is 6 today. The ex lives in Arizona and my sister lives in Ohio. I'm not sure about what the laws are but I do know that she is receiving child support and her ex is not working, he only gets Social Security.

Does he recieve any SSDI? Or is it SSI?

SSDI can be garnished, but SSI cannot.

But we can add this to the list of things she’s lied about. A few weeks after I asked about this she said she moved to her dad’s in GA and was “joining the army”. So she’s “so sick she can’t work”, but she can “join the army”. Say it with me people, “smooth”. She has been in GA for several months now and since we are out of state living in PA now, we are having problems getting our lawyer to call us back. We really want to have jurisdiction moved to PA, but I don’t think this is something we can file on our own and we can’t get him to call us back. I guess we are low man on the totem pole since we can’t get mad and just walk in there now. Anyone know what forms need to be filed? I am fine with my bf filling them out and then mailing them to the lawyer and telling him to file them. We just don’t want her to end up moving back to FL and us missing our chance to change jurisdiction.

She is also on probation and was recently found in “indirect civil contempt” for not showing up for a hearing in regards to not completing her parenting class for her divorce involving her other son (who lives with HIS father as well). Does that mean a warrant will be issued? She was not served because she moved states without updating either the court in her county or our previous county with her new address.


Thanks!

But we can add this to the list of things she’s lied about. A few weeks after I asked about this she said she moved to her dad’s in GA and was “joining the army”. So she’s “so sick she can’t work”, but she can “join the army”. Say it with me people, “smooth”. She has been in GA for several months now and since we are out of state living in PA now, we are having problems getting our lawyer to call us back. We really want to have jurisdiction moved to PA, but I don’t think this is something we can file on our own and we can’t get him to call us back. I guess we are low man on the totem pole since we can’t get mad and just walk in there now. Anyone know what forms need to be filed? I am fine with my bf filling them out and then mailing them to the lawyer and telling him to file them. We just don’t want her to end up moving back to FL and us missing our chance to change jurisdiction.

She is also on probation and was recently found in “indirect civil contempt” for not showing up for a hearing in regards to not completing her parenting class for her divorce involving her other son (who lives with HIS father as well). Does that mean a warrant will be issued? She was not served because she moved states without updating either the court in her county or our previous county with her new address.


Thanks!

The best way to find out if a warrrant was issued would be to contact the court clerk to see if it was included in the contempt order.

It sounds like she's just digging a bigger hole for herself, and hopefully your attorney will call back soon on changing the jurisdiction.

i know this is oklahoma but my ex is on ssi and has to pay child support, (starting next month anyway) and they also hold him responsible for back child support and paying for medical premium(my job offers insurance)

my dad was also on ssi, and he had to pay for child support, thats been years ago but, they still made him pay to my mom. not all states or situations are the same though