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  • #16
    Originally posted by mommydaisy View Post
    thanks!so when my husband called & applied for his two children's benefits, he was told each child will get $425/mo. then just recently we learned that SS tried to contact the mother but no response. so yesterday we got mail from SS showing our son is awarded $850/month (w/c has doubled). does this mean that SS has given up on the other child? we have tried to contact SS but no luck. how will this affect my husband's child support? can he still get credit if he can provide proof of the mother's refusal to cooperate?
    well, I guess you really do learn something new every day. I had no idea that SS could do that.

    Your husband should still prove in court that ex has refused to cooperate. Just to be on the safe side, he should save the amount from SS that would have gone to his ex, just in case the Judge orders him to pay.

    Comment


    • #17
      finally my husband talked to somebody from SSA. he was told that normally if that's the case then they will find another payee. and he also asked if he can have documentation of the woman's refusal but he was told they couldn' t do that. (the woman is not his ex, they were not married). all we have is an email I sent back in april telling her abt. the situation. and I don't know what else I can do to get proof. i guess it'll be just his words @ the court hearing.

      Comment


      • #18
        Originally posted by mommydaisy View Post
        finally my husband talked to somebody from SSA. he was told that normally if that's the case then they will find another payee. and he also asked if he can have documentation of the woman's refusal but he was told they couldn' t do that. (the woman is not his ex, they were not married). all we have is an email I sent back in april telling her abt. the situation. and I don't know what else I can do to get proof. i guess it'll be just his words @ the court hearing.
        Your husband should contact the SSA again and ask the he be made the payee, then he can just forward the money to ex. however, he needs to make sure that those payments are sent through the court/disbursement unit.

        Actually, come to think of it, it would be better if he asks the court to order that the SS benefits be made that way.

        Comment


        • #19
          so my husband went to court last week & the state will take out money from SSA for the other child & also my husband has to pay $150/month which will be taken out from his benefits & will go straight to CS dept. this is good news but they really will get as much as they can for the other child. no doubt abt. that. I didn't understand why they added my son's benefits as my husband's income when the state law says that any benefits for other children is excluded as the parent's gross income. To me it's like taking my son's benefits away for the other child. But we're not going to argue this anymore bec. we're soo tired going to this place interacting with these kinds of people. thank you Xena for all your advice. god bless you!!

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          • #20
            Originally posted by mommydaisy View Post
            so my husband went to court last week & the state will take out money from SSA for the other child & also my husband has to pay $150/month which will be taken out from his benefits & will go straight to CS dept. this is good news but they really will get as much as they can for the other child. no doubt abt. that. I didn't understand why they added my son's benefits as my husband's income when the state law says that any benefits for other children is excluded as the parent's gross income. To me it's like taking my son's benefits away for the other child. But we're not going to argue this anymore bec. we're soo tired going to this place interacting with these kinds of people. thank you Xena for all your advice. god bless you!!
            Be sure to bring up the problem of your son's benefits being added next time there is a modification done.

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            • #21
              xena, i need your opinion. my husband is receiving SSD benefits & so as the woman's child. now, she's mailing all these doctor's bills that her child has seen. she's telling us that CCs told her to that my husband is obligated to pay half of the bills. her child is covered under my health insurance. is this even true? can they do that? also I noticed that the child's last name has been changed (now it's the woman's last name-she's married). and I wonder if the man has adopted the child. they've been telling us that her husband has been working on it. how can we find out? and if it's true, is my husband free from this tiring & aweful child support? pls. help!

              Comment


              • #22
                Originally posted by mommydaisy View Post
                xena, i need your opinion. my husband is receiving SSD benefits & so as the woman's child. now, she's mailing all these doctor's bills that her child has seen. she's telling us that CCs told her to that my husband is obligated to pay half of the bills. her child is covered under my health insurance. is this even true? can they do that? also I noticed that the child's last name has been changed (now it's the woman's last name-she's married). and I wonder if the man has adopted the child. they've been telling us that her husband has been working on it. how can we find out? and if it's true, is my husband free from this tiring & aweful child support? pls. help!
                Does your husband's existing court order have anything in it requireing him to pay any percentage of the medical?
                Whatever the order says is what he needs to go by. If it says 50% or some other percenatge,, then that's what he pays, if the order is silent on the medical he does not have to pay unless the court orders him to.

                Has the child's name been legally changed through the court?
                He'll need to do a search of the court records to find out.
                The mother might just be using the new name without actually legally changing it.

                Has your husband ever been legally notified of a petition to TPR and adoption?
                If not, then the adoption most likely hasn't happened, but he can check the court files to find out for sure.

                Comment


                • #23
                  yes, he's ordered to pay 50% but he woman sent medical/dental bills dated 2-3 years ago. and back then they had med insurance thru my husband. she's threatening my husband she'll let CCS know if she doesn't get reply back w/in 30 days.
                  we haven't received any legal document abt. TPR & we knew her husband will not adopt the kid bec it seems the child support is their main source of income. the woman don't want to work. we were just wondering abt. the name change. the kid is 12 y/o so when she'turns 18, will my son get the benefit she's getting?

                  Comment


                  • #24
                    Originally posted by mommydaisy View Post
                    yes, he's ordered to pay 50% but he woman sent medical/dental bills dated 2-3 years ago. and back then they had med insurance thru my husband. she's threatening my husband she'll let CCS know if she doesn't get reply back w/in 30 days.
                    we haven't received any legal document abt. TPR & we knew her husband will not adopt the kid bec it seems the child support is their main source of income. the woman don't want to work. we were just wondering abt. the name change. the kid is 12 y/o so when she'turns 18, will my son get the benefit she's getting?
                    How long ago was he ordered to pay the 50%?

                    Has he asked her why she didn't send the bills in a timely manner?
                    if so, what is her excuse for not sending them sooner?

                    I believe that when the oloder child reaches 18, that portion will be added to your child's benefit. However, I'm not real sure on that, so contact the SSA about it in about 5 yrs or 6 months before the elder child's 18th birthday.

                    Comment


                    • #25
                      he was ordered to pay april this year. and this woman & her husband will do anything to nickel & dime my husband. and back on those dates stated on the doc's bill my husband was working then & provided very good insurance. it's not his fault if the woman didn't use the ins card. and now she's saying shell send chiropractor bills asap. i don't think seeing chiropractor even counts. (she sends her 12 y/o to a chiro) --soo mentally unstable.

                      Comment


                      • #26
                        Originally posted by mommydaisy View Post
                        he was ordered to pay april this year. and this woman & her husband will do anything to nickel & dime my husband. and back on those dates stated on the doc's bill my husband was working then & provided very good insurance. it's not his fault if the woman didn't use the ins card. and now she's saying shell send chiropractor bills asap. i don't think seeing chiropractor even counts. (she sends her 12 y/o to a chiro) --soo mentally unstable.
                        Does his court order state that the medical was retroactive to any time before the court order?

                        If not, he doesn't have to pay any bills from before whatever date the court order states.

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                        • #27
                          no, doesn't say that. it says petitioner shall submit proof of expenses within 30 days of incurring same. my husband sent her a letter highlighting the dates. but I'm pretty sure she'll contact CCS abt this.

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                          • #28
                            Originally posted by mommydaisy View Post
                            no, doesn't say that. it says petitioner shall submit proof of expenses within 30 days of incurring same.
                            She didn't submit them within the ordered time frame, so he doesn't have to pay, and he has the best possible defense in that the order was written that way.

                            Comment


                            • #29
                              we received a letter from child support referee & she's taking the woman's side (of course). she made copies of the original order way back in 1998 showing both parties will pay equal amt. not covered by insurance. my husband didn't know or realized this- until this year when he went to court. so now i'm pretty sure the woman will dig up all bills she can find. Everytime we try to get assistance with CS in that state they would always find a way to get that woman to collect more. so there's nothing we can do but pay- i don't understand why people just sit there, not work & try to nickle & dime a disabled person.

                              Comment


                              • #30
                                Originally posted by mommydaisy View Post
                                we received a letter from child support referee & she's taking the woman's side (of course). she made copies of the original order way back in 1998 showing both parties will pay equal amt. not covered by insurance. my husband didn't know or realized this- until this year when he went to court. so now i'm pretty sure the woman will dig up all bills she can find. Everytime we try to get assistance with CS in that state they would always find a way to get that woman to collect more. so there's nothing we can do but pay- i don't understand why people just sit there, not work & try to nickle & dime a disabled person.
                                Your husband really needs to take copies of all of his orders to a local attorney for a consult. There should be something he can do about now being charged for bills many years old that ex did not notify him about.
                                It's definately worth the small cost of a consult to find out for sure.

                                Comment

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