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Ex doesn't want to pay Child Support

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  • Ex doesn't want to pay Child Support

    Last year, my ex hubby was ordered to either pay the back child support he owed me, or spend 6 months in jail. He wasn't working at the time, but the judge got tired of listening to all his "reasons" and "excuses" for why he wasn't paying it. He "started" his job again that same day, and within the next month, the Child support payments finally started coming in. Also around that same time, I started receiving SSI benifits for one of my kids. My ex knew about these payments, because not only did I tell him, but their office did also. It has been a little over a year since I started getting these SSI payments. I know that since I was receiving Child Support, I had to let the SS Office know so they could adjust what they were giving me for my child. Here is the thing. I ended up getting my ex "ticked" at me a couple weeks ago, so now he thinks it is time for "revenge". He told me that since I was receiving SSI payments for my child, that BY LAW he should NOT have to pay me ANY child support AT ALL. He also said that it was against the law for him to be paying me CS since I am reciving the SSI benifits for my child, and that he was taking me back to court--DR--- to fight me --again--- and to try to get his CS payments dropped. Now, I have done some research, and I found out that his CS payments DO affect how much SSI benifits I receive for my child, BUT, the SSI benifits I receive DO NOT affect his CS payments. I haven't heard anything form the DR office as of yet, but, just in case I do, I would like to know what I am up against.. Am I going to fight a losing battle with him, or do I get the satisfaction of seeing him fall on his face?? Sorry if ths offends anyone out there--guy or girl-- but, I am tired of the same old excuses from a dead beat dad that wants nothing to do with his kids, and doesn't want to help pay for them.

  • #2
    I Agree With You About The Dead Beats

    Comment


    • #3
      Originally posted by michelle1992 View Post
      Last year, my ex hubby was ordered to either pay the back child support he owed me, or spend 6 months in jail. He wasn't working at the time, but the judge got tired of listening to all his "reasons" and "excuses" for why he wasn't paying it. He "started" his job again that same day, and within the next month, the Child support payments finally started coming in. Also around that same time, I started receiving SSI benifits for one of my kids. My ex knew about these payments, because not only did I tell him, but their office did also. It has been a little over a year since I started getting these SSI payments. I know that since I was receiving Child Support, I had to let the SS Office know so they could adjust what they were giving me for my child. Here is the thing. I ended up getting my ex "ticked" at me a couple weeks ago, so now he thinks it is time for "revenge". He told me that since I was receiving SSI payments for my child, that BY LAW he should NOT have to pay me ANY child support AT ALL. He also said that it was against the law for him to be paying me CS since I am reciving the SSI benifits for my child, and that he was taking me back to court--DR--- to fight me --again--- and to try to get his CS payments dropped. Now, I have done some research, and I found out that his CS payments DO affect how much SSI benifits I receive for my child, BUT, the SSI benifits I receive DO NOT affect his CS payments. I haven't heard anything form the DR office as of yet, but, just in case I do, I would like to know what I am up against.. Am I going to fight a losing battle with him, or do I get the satisfaction of seeing him fall on his face?? Sorry if ths offends anyone out there--guy or girl-- but, I am tired of the same old excuses from a dead beat dad that wants nothing to do with his kids, and doesn't want to help pay for them.
      Until a court orders anything, the existing court order stands- that means that he still has to pay the court ordered amount, until the order is modified.

      Yes, the CS, and all your other income does affect the amount your child recieves in SSI. Yes, the amount your child recieves in SSI can affect the amount of CS ordered. Depending on a NCP's income and other factors, the court can order the same amount as before, or decrease the previous amount. or possibly order no CS at all. There really aren't many specific laws or formulas for this, so courts usually go on a case by case basis.
      Run the numbers on a CS calculator, sometimes it can be more benficial to have just the SSI simply because you know it will be paid every month. My sister is in that kind of a situation- her ex was paying CS and she was recieving SSI for my nephew. The SSI check was very small because of the CS. When her ex filed to modify, she talked to ss office and ran the numbers. As crazy as it sounds she is actually recieving more with just SSI than she was with a combination of both SSI and CS.

      Comment


      • #4
        I understand that the amount I get in Child Support will have an affect on how much SSI benifits I receive for my daughter. I did do some research, though, and it states in the Child Support guidelines this: "Treatment of Public Assistance,SSI Benifits and Social Security Payments to a child due to a parents death, disability or retirement. Neither public assistance nor Supplemental Security Income(SSI) benifits shall be counted as income for determining support"... I may not have been clear with my question about the SSI I am receiving for my daughter. It is not Social Security benifits from a parents disability, death, or retirement. It is the Supplememntal Security Income that I am receiving for her, becauase she has a disability. I spoke with a gentleman from the Social Security Aministration, and he also told me that what I receive in payments for my daughter will not affect what my ex pays me in CS. BUT, what my ex pays me in CS, does affect what I receive in SSI payments for my daughter,which I receive letters from the SSA every so often updating me on what my payment will be each month because it is not always the same since I am receiving CS, and depending on how much money I make for that specific month --my income.

        Comment


        • #5
          Originally posted by michelle1992 View Post
          I understand that the amount I get in Child Support will have an affect on how much SSI benifits I receive for my daughter. I did do some research, though, and it states in the Child Support guidelines this: "Treatment of Public Assistance,SSI Benifits and Social Security Payments to a child due to a parents death, disability or retirement. Neither public assistance nor Supplemental Security Income(SSI) benifits shall be counted as income for determining support"... I may not have been clear with my question about the SSI I am receiving for my daughter. It is not Social Security benifits from a parents disability, death, or retirement. It is the Supplememntal Security Income that I am receiving for her, becauase she has a disability. I spoke with a gentleman from the Social Security Aministration, and he also told me that what I receive in payments for my daughter will not affect what my ex pays me in CS. BUT, what my ex pays me in CS, does affect what I receive in SSI payments for my daughter,which I receive letters from the SSA every so often updating me on what my payment will be each month because it is not always the same since I am receiving CS, and depending on how much money I make for that specific month --my income.
          Apparently your ex hasn't actually filed for a modification yet, correct?
          If he hasn't you don't need to do anything now. If he does actually file, just file a counter-petition asking for the court to order a spcific amount as arrears payments.

          The SSI, public assistance, etc. cannot be used as INCOME to DETERMINE CS. That means that the SSI your child recieves cannot be added to your income, or the NCP's income and used to determine the CS amount. However, the court can take the SSI into consideration- as seperate monies available for the support of the child- when determining the CS amount. I know, it's confusing, but I'll explain it the way it was explained to me:

          Example:
          The CS guidelines call for a total amount of support to be $500.00 per month.
          The child is recieving $200.00 per month SSI.
          The court has the power to do 2 things-
          1. Order that the NCP pay the full guideline amount of $500, which will bring the SSI down. The amount of actual money available for the support of the child can actually end up being less because the NCP might not pay, whereas the SSA always pays each month.
          2. The court can apply the $200 SSI as credit toward the full guideline amount, and charge the NCP the balance- $300. Or can charge the NCP any amount up to the guideline amount. The amount of actual money available for the support of the child will alwys be at least the amount of the SSI, which can increase when the NCP isn't paying.

          With all due respect to the gentleman from the SSA, he probably knows alot about SS benefits, but he has no legal basis for telling you that the SSI will definately not affect the CS order.

          Comment


          • #6
            He is already paying $300 a month for CS... $216 plus $84 on the back arrearages because he refused to pay Court Ordered CS last year.. My SSI payments for my daughter do fluctuate every month because they take my CS payments and my general income to figure out what they are going to give me for my daughter. My ex thinks that just because I am receiving SSI for our daughter, that he should not have to pay any child supprot whatsoever. No, he has not filed anything yet, that I know of to take me back to court to have the CS lowered or terminated. Funny thing is though, I have been receiving SSI for my daughter for a year now, which he knew about it from day one, but, he just now decides to "fight me" again.. I guess that is the price I pay for pissin him off.... what I do best!! LOL

            Comment


            • #7
              Originally posted by michelle1992 View Post
              He is already paying $300 a month for CS... $216 plus $84 on the back arrearages because he refused to pay Court Ordered CS last year.. My SSI payments for my daughter do fluctuate every month because they take my CS payments and my general income to figure out what they are going to give me for my daughter. My ex thinks that just because I am receiving SSI for our daughter, that he should not have to pay any child supprot whatsoever. No, he has not filed anything yet, that I know of to take me back to court to have the CS lowered or terminated. Funny thing is though, I have been receiving SSI for my daughter for a year now, which he knew about it from day one, but, he just now decides to "fight me" again.. I guess that is the price I pay for pissin him off.... what I do best!! LOL
              Well, hang in there, it doesn't matter what he thinks- the only one that has a say so is the Judge, and until he takes it to court, even a Judge can't change things.
              Does the SSA require you to give them a month to month accounting of your income? Usually they will ask for info about every 3 to 6 months. I had to do that for my son's SSI, it's really a pain in the butt.

              Comment


              • #8
                I don't have to let the SSA know every month what my income is, but, I do have to let them know every couple of months. Yes, It is a PIA, but, I guess it is just like everything else, you gotta "dot your i's, and cross your t's" the right way to get anywhere in life.. I know my ex just likes to blow alot of "steam" when he isn't getting things done "his way", so I sit back and watch it all happen. When I talked to my hearing officer from DR, he told me that it probably won't change unless he fights it and takes me back to court, then they will have to look things over to see where we stand.

                Comment

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