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  1. #1

    Default What Happens to Child Support Arrears if the Payor Goes on SSI

    I am a single father who has 1 daughter age 6 in TN. I was awarded full custody in May of 2010 after a long interstate custody battle. The mother left for TX and never came back and has had nothing to do with my daughter. Child support was set and never paid and was sent to TX for enforcement. Well after 2 years they finally were able to serve her and on 8/25/12 she appeared in court in TX. She had an attorney and they stated that the child support amount was set to high and she couldn’t afford it as she was not working. They asked for a continuance to allow time to file a modification order thru TN to lower the amounts. Well I just found out that she has applied for SSI benefits under mental condition (Bi-polar). Now she is married and the husband does work as a firefighter/EMT. As to whether she listed she was married is something I don't know and if she did put him on I would think she wouldn't qualify based on income. However she is a very decietful person and great at lying. If she were to be awarded SSI benefits how does that affect child support going forward? I heard that if that is her only income then no child support could be set but if your married then she has household income. How does that affect the $10K I am owed in back child support? Does that just freeze until shes off SSI or wins the lottery or something? PLease help me! Thanks

  2. #2
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    Default Re: Non Custodial Parent Applying for Ssi.how Does This Affect Child Support

    If she gets SSI, the reality is that you're likely out of luck.

    If she gets SSDI, that can be garnished.

    Either way, you won't be able to touch the husband's income.
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  3. #3

    Default Re: Non Custodial Parent Applying for Ssi.how Does This Affect Child Support

    That is what I have heard. I know she can't get SSDI bc you have to work to get that...I am hoping the husbands income disqualifies her. Is there anyway to object to her application and/or see if it was filled out truthfully and honestly? Amazing how a system set up to help people can be used to get out of responsibilities.

  4. #4
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    Default Re: Non Custodial Parent Applying for Ssi.how Does This Affect Child Support

    No - you have no right to either object to or have access to her application.

    Dad, if she can't work she can't work. It's NOT easy to qualify for disability and in the case of SSI, it's a two-pronged thing - not only must she be deemed disabled, but her household income comes into play (SSDI is different - income is irrelevant).

    There's something else you might need to consider. Even though you are the CP, if there is a huge disparity in income you may actually end up paying her CS.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

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  5. #5

    Default Re: Non Custodial Parent Applying for Ssi.how Does This Affect Child Support

    I would never have to pay her child support unless she got custody. I have full custody and there is an order that states her parental rights are suspended. My daughter spends 100% time with me and hasnt seen or heard from her mom since May of 2010.

    She can work she just doesn't want to. She is an alcohol dependency problem. All I know is that in the 4 yrs I was with her she wasnt disabled and had many many jobs that lasted a few days or weeks until she missed work dues to a hangover or a binge. I know that she has spent the last 2 years in TX and nothing ever came up about disability. She filed 1 week after she was in court and the judge told her she was to start paying immediately and that she better find a job. I am sure her attorney helped her come up with this idea.

    I guess the other option is that the AG in TX pushes for her to be jailed for the arrears bc in TX if you fall behind they throw you in jail until you pay it off. Maybe the judge will see thru her ploy to get out of it and stick her in jail to make an example out of her.

    Please note that if she was truly disabled I could understand and had she been paying and became disabled I could understand. However avoiding it for 2 years and then now crying disabled I have no symapthy.

  6. #6
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    Default Re: Non Custodial Parent Applying for Ssi.how Does This Affect Child Support

    If you're ordered to pay, you're going to pay whether you want to or not. Yes, it can happen (unfortunately).

    Dad, I get your frustration - truly, I do. But the reality is that jail is a last option (never a first) and if she IS deemed disabled she will be considered INvoluntarily unemployed and the arrears will not be held against her in any meaningful way.

    Sorry.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  7. #7
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    Default Re: What Happens to Child Support Arrears if the Payor Goes on SSI

    She will not qualify for SSI if hubby has a job. You can request she be imputed CS at minimum wage. If she gets SSDI, the child might be eligible for childrens benefits in lieu of CS.
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