NCC~ Social Security Disability and Child Support

[Guest guest]

Hello All

I hope no one minds my posting this. As many members of our group are on

SSDI, I thought there must be others that are dealing with the same issue I

am in regards to SSDI and how it is applied in child support cases.

If anyone else is in this situation, I wanted you to know I am planning a

trip to meet with one of my General Assembly members to ask for a bill to

change this law in Pennsylvania and I would absolutely love it if you'd send

me a letter about your situation that I can take with me. Two states have

changed these law and I am hoping other will follow, as this is a great

disadvantage to those of us who are permanently disabled with children and

divorced.

To be very brief, in my situation, the SSDI check I receive for my daughter

as my dependent is deducted from the total ordered child support, so my

ex-husband gets a $745 deduction on his monthly child support obligation. On

the other side of this situation, I have a cousin with lupus on SSDI and his

children live with his ex wife. Both checks that he receives on his kids

behalf go directly to his ex-wife AND he has to pay $340 out of his total

$900 a month to his ex wife on top of that.

It is ridiculous and I intend to do something about it. My ex-husbands

income is $10,000 and he gets this giant deduction while I struggle to keep

a roof over our heads.

If you are interested in this topic, please feel free to write me. I hope

to help many people across my state of Pennsylvania and hope that other

states with follow. Also, please feel free to share this message with

others in this situation if you think they'd like to talk about this.

Blessings,

in Pittsburgh

[Guest guest]

I would love to know more about this with regards that I'm about to file for

disability and I'm currently going through a divorce in the state of NJ!

(Bea)

Sent from my Verizon Wireless BlackBerry

NCC~ Social Security Disability and

Child Support

Hello All

I hope no one minds my posting this. As many members of our group are on

SSDI, I thought there must be others that are dealing with the same issue I

am in regards to SSDI and how it is applied in child support cases.

If anyone else is in this situation, I wanted you to know I am planning a

trip to meet with one of my General Assembly members to ask for a bill to

change this law in Pennsylvania and I would absolutely love it if you'd send

me a letter about your situation that I can take with me. Two states have

changed these law and I am hoping other will follow, as this is a great

disadvantage to those of us who are permanently disabled with children and

divorced.

To be very brief, in my situation, the SSDI check I receive for my daughter

as my dependent is deducted from the total ordered child support, so my

ex-husband gets a $745 deduction on his monthly child support obligation. On

the other side of this situation, I have a cousin with lupus on SSDI and his

children live with his ex wife. Both checks that he receives on his kids

behalf go directly to his ex-wife AND he has to pay $340 out of his total

$900 a month to his ex wife on top of that.

It is ridiculous and I intend to do something about it. My ex-husbands

income is $10,000 and he gets this giant deduction while I struggle to keep

a roof over our heads.

If you are interested in this topic, please feel free to write me. I hope

to help many people across my state of Pennsylvania and hope that other

states with follow. Also, please feel free to share this message with

others in this situation if you think they'd like to talk about this.

Blessings,

in Pittsburgh

[Guest guest]

I'm not sure what to tell you. Really, I think what's needed is a lot more

leeway for case by case review of the situation when it comes down to

situations like that of your cousin who has child support ordered to be

withheld from his Social Security (or anyone who has any of the few other

things that can be withheld as payment). Why? Because I've seen many cases

where the person is doing all they can and have always done so - be it child

support, taxes or student loans (I'm not sure if anything else can be

ordered taken from Social Security). On the other hand I do know people

like my ex husband who have done more than I *ever* would have thought

humanly possible to avoid payment of child support - and no, I'm trying to

even imply this is your cousin's case. It's just that of those I know (my

ex was into stuff like " sovereign citizenship), many would pull stuff like

refusing to work at all, gaming the unemployment system, going out as

" disabled " (on anything they could convince enough docs was " true " - when

the only things really true were their paranoia about government

conspiracies and an incredible unwillingness to pay taxes or child support)

and all the while many would work under the table at least off and on. My

ex owed well over $100K to his first wife for their two kids together. As

far as I know, he still does. We're divorced now.

So, sadly, I see both sides of the coin and other than case by case review

where the judges can decide as they think is appropriate for those involved.

But while there should be a way to collect from people like my ex, taking

half of what's effectively a poverty income really isn't paying off the debt

nor does it leave the one in debt (and any family that they may have)

anything nearly adequate for even the most minimal survival. Yet another

reason for case by case review. So this really is an area where what true

justice and fairness would be is incredibly murky if trying to answer in

one-size-fits all. It's hard enough going case by case.

Dee

On Tue, Aug 2, 2011 at 10:20 AM, Ann Carlins

wrote:

> **

>

>

> Hello All

>

> I hope no one minds my posting this. As many members of our group are on

> SSDI, I thought there must be others that are dealing with the same issue I

> am in regards to SSDI and how it is applied in child support cases.

>

> If anyone else is in this situation, I wanted you to know I am planning a

> trip to meet with one of my General Assembly members to ask for a bill to

> change this law in Pennsylvania and I would absolutely love it if you'd

> send

> me a letter about your situation that I can take with me. Two states have

> changed these law and I am hoping other will follow, as this is a great

> disadvantage to those of us who are permanently disabled with children and

> divorced.

>

> To be very brief, in my situation, the SSDI check I receive for my daughter

> as my dependent is deducted from the total ordered child support, so my

> ex-husband gets a $745 deduction on his monthly child support obligation.

> On

> the other side of this situation, I have a cousin with lupus on SSDI and

> his

> children live with his ex wife. Both checks that he receives on his kids

> behalf go directly to his ex-wife AND he has to pay $340 out of his total

> $900 a month to his ex wife on top of that.

>

> It is ridiculous and I intend to do something about it. My ex-husbands

> income is $10,000 and he gets this giant deduction while I struggle to keep

> a roof over our heads.

>

> If you are interested in this topic, please feel free to write me. I hope

> to help many people across my state of Pennsylvania and hope that other

> states with follow. Also, please feel free to share this message with

> others in this situation if you think they'd like to talk about this.

>

> Blessings,

> in Pittsburgh

>

>

[Guest guest]

To answer , the way most states determine child support is to combine both

parents monthly income after taxes and the total support is a percentage of this

amount. (anywhere from 15-22% depending on the amount of total income)

Normally, the child support is then broken down into a percentage for each

parent based on their income. For example, if Mom makes $30,000 and Dad makes

$70,000 then Mom is responsible for 30% and Dad is responsible for 70% and would

pay that 70% to Mom in monthly child support (if mom has custody of course). In

PA, with one child, the total child support would be $1116 and Dad would pay Mom

$770 per month.

BUT when SSDI is involved, and the custodial parent receives a check for their

dependent child, the amount of that total check is subtracted from the TOTAL

child support before the total is broken into percentages. Of course, Mom's

income would be much lower on SSDI.

In that case, if Mom's income is $1500 each month from SSDI and she received a

check for her child for $750 each month and Dad still made the $70,000 each

year, the total child support would be around $1046 and then the $750 benefit is

subtracted ($296) and then Dad would be ordered to pay monthly child support of

$227 based on the percentages.

If Mom was working and earned $2250 each month (her SSDI plus her child's SSDI),

Dad would be ordered to pay Mom $774 each month. This huge reduction is what is

so unfair in my eyes.

Can you all see what I am saying??

New Supreme Court cases are saying that SSDI is an insurance policy that the

recipient had to work and pay into to EARN and therefore, the benefits are

income replacement. This makes the benefit for the child income replacement as

well and these new cases are saying that the check for the child should be

counted as INCOME for the disabled, custodial parent and NOT used to offset the

non-custodial parent's child support obligation.

I am going to my PA legislators with this new language and asking for the laws

in PA to change to include the same language.

(and anyone else interested) you should check with a Family Law attorney

in your area for the exact calculations, but the SSDI is applied this way

automatically in almost all states.

>

> I would love to know more about this with regards that I'm about to file for

disability and I'm currently going through a divorce in the state of NJ!

> (Bea)

> Sent from my Verizon Wireless BlackBerry

>

> -----Original Message-----

[Guest guest]

Dee, in response to your reply, and I really appreciate the input, I completely

understand parents who try to avoid child support obligations any way they can,

but SSDI is not easy to get and to keep and for someone like my ex (and to

clarify his income is $10,000 a MONTH) no matter how much he doesn't want to pay

support, he's not going to bite off his nose to spite his face and give up that

kind of income to avoid paying $740 a month.

I know those parents certainly exist and I despise them.

When you compare my ex at $10,000 income a month paying $320 each month in child

support and my sick cousin paying more at $340 each month, you have to see the

injustice (I hope =) )

>

> I'm not sure what to tell you. Really, I think what's needed is a lot more

> leeway for case by case review of the situation when it comes down to

> situations like that of your cousin who has child support ordered to be

> withheld from his Social Security (or anyone who has any of the few other

> things that can be withheld as payment). Why? Because I've seen many cases

> where the person is doing all they can and have always done so - be it child

> support, taxes or student loans (I'm not sure if anything else can be

> ordered taken from Social Security). On the other hand I do know people

> like my ex husband who have done more than I *ever* would have thought

> humanly possible to avoid payment of child support - and no, I'm trying to

> even imply this is your cousin's case. It's just that of those I know (my

> ex was into stuff like " sovereign citizenship), many would pull stuff like

> refusing to work at all, gaming the unemployment system, going out as

> " disabled " (on anything they could convince enough docs was " true " - when

> the only things really true were their paranoia about government

> conspiracies and an incredible unwillingness to pay taxes or child support)

> and all the while many would work under the table at least off and on. My

> ex owed well over $100K to his first wife for their two kids together. As

> far as I know, he still does. We're divorced now.

>

> So, sadly, I see both sides of the coin and other than case by case review

> where the judges can decide as they think is appropriate for those involved.

> But while there should be a way to collect from people like my ex, taking

> half of what's effectively a poverty income really isn't paying off the debt

> nor does it leave the one in debt (and any family that they may have)

> anything nearly adequate for even the most minimal survival. Yet another

> reason for case by case review. So this really is an area where what true

> justice and fairness would be is incredibly murky if trying to answer in

> one-size-fits all. It's hard enough going case by case.

>

> Dee

>

[Guest guest]

Thank you! I'm trying to understand everything before jumping!

If you happen to know what the NJ law is? I've been a house wife for the

past five years and now after two fusion in my neck, it's hard enough to

take care of myself much less my kids!

I would enjoy any ones knowledge on this topic!

Bea

On Tue, Aug 2, 2011 at 7:16 PM, leslieann226226 wrote:

> **

>

>

> To answer , the way most states determine child support is to combine

> both parents monthly income after taxes and the total support is a

> percentage of this amount. (anywhere from 15-22% depending on the amount of

> total income)

>

> Normally, the child support is then broken down into a percentage for each

> parent based on their income. For example, if Mom makes $30,000 and Dad

> makes $70,000 then Mom is responsible for 30% and Dad is responsible for 70%

> and would pay that 70% to Mom in monthly child support (if mom has custody

> of course). In PA, with one child, the total child support would be $1116

> and Dad would pay Mom $770 per month.

>

> BUT when SSDI is involved, and the custodial parent receives a check for

> their dependent child, the amount of that total check is subtracted from the

> TOTAL child support before the total is broken into percentages. Of course,

> Mom's income would be much lower on SSDI.

>

> In that case, if Mom's income is $1500 each month from SSDI and she

> received a check for her child for $750 each month and Dad still made the

> $70,000 each year, the total child support would be around $1046 and then

> the $750 benefit is subtracted ($296) and then Dad would be ordered to pay

> monthly child support of $227 based on the percentages.

>

> If Mom was working and earned $2250 each month (her SSDI plus her child's

> SSDI), Dad would be ordered to pay Mom $774 each month. This huge reduction

> is what is so unfair in my eyes.

>

> Can you all see what I am saying??

>

> New Supreme Court cases are saying that SSDI is an insurance policy that

> the recipient had to work and pay into to EARN and therefore, the benefits

> are income replacement. This makes the benefit for the child income

> replacement as well and these new cases are saying that the check for the

> child should be counted as INCOME for the disabled, custodial parent and NOT

> used to offset the non-custodial parent's child support obligation.

>

> I am going to my PA legislators with this new language and asking for the

> laws in PA to change to include the same language.

>

> (and anyone else interested) you should check with a Family Law

> attorney in your area for the exact calculations, but the SSDI is applied

> this way automatically in almost all states.

>

>

> >

> > I would love to know more about this with regards that I'm about to file

> for disability and I'm currently going through a divorce in the state of NJ!

> > (Bea)

> > Sent from my Verizon Wireless BlackBerry

> >

> > -----Original Message-----

>

>

>