altecboom
New
Reged: 09/24/08
Posts: 2
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Hi I am a Disabled person and my kids are reciving payments from my SSDI.. they get more then what the court has ordered to pay I have been told that this should be listed as child support is this true they have got over $10.000 in payments and they are about to put me in jail and this is from my SSDI that the kids would not get at all if I was not disabled
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5141
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Your post is hard to understand. If they're about to put you in jail it sounds like there is a child support order that you ahve not been paying. If not then this is a problem you should have tried to figure out long ago. Why did you not try to figure it out before now? Are you spending time with the kids and how many times have you had them contact you for back payments before it got to this point to where you're about to go to jail?
NOW... if you had set it up properly from the start, the amount that you were ordered to pay should have been reduced by the amount that is paid on your behalf by Social Security. I know someone whose social security payments to the kids is higher than the amount he is supposed to pay to the kids so it totally wipes out his debt in child support. Now if he finds a job he can do with his disability and goes off SSDI, then he'll be responsible for paying.
I am not sure but I'd think you could collect the history of payments by SSDI and simply present this to the judge to stave off the wolves... but if you're at the point where they're about to ptu you in jail, I have to wonder why you've not done this yet?!!! Have you been ignoring it or were they not able to find you? (not likely if you were getting SSDI checks for yourself)... what's up that you let it go thier far without getting a lawyer to help you out? Becasue if you are so scattered in handlign your buiness (some disabilities are complicated by the fact that you get scattered... I understand, but IF that's the issue, you needed to find someone to help straighten it out before JAIl was a possibility!) IF you are so scattered that you can't handle your business, you really need someone to help you out. and if you say you can't afford a lawyer, understand that it's a choice... lawyer or jail.
Get one... explain the situation and see if they can resolve it after the fact. The courts are notorious for not wanting to go after the fact and change what they say is an arrearage... the responsibility fo the guy who is being hounded for arrears is to SAY SOMETHING before 10,000 worth piles up! To BE THERE and SHOW UP and be FINDABLE. TO SAY SOMETHING before the handcuffs are practically on and you're about to be dragged to jail!
From what you say, this SHOULD have been fix-able, easily, a long time ago. But NOW? I don't know. You may have a chance but if you're so scattered that you couldn't fix it before now, you CERTAINLY need a lawyer. GET ONE!
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altecboom
New
Reged: 09/24/08
Posts: 2
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I have been fighting this the courts are saying that the payments made to my kids do not count as child support i an only 4,000 dollars behind because i was told that these payments were child support and i told the child support about this they said it is not i will not get credit for it i cant affoard a laywer and I have proved the payments i have the the proff the judge told me that they ment nothing im am geting screwed over and know will help unless i come up with 1500 for a laywer ...
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gigi
Platinum
 
Reged: 11/06/06
Posts: 5141
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As I see it... it's $4,000 for back support, $1500 for a lawyer, or jail. Your choice.
There are cases that support your point of view, but I've never heard of this being something that the guy tried to fight out with the child support enforcement agency after the fact. THEY tend to NOT sort out stuff like this. The lawyer should be able to point out the cases that say that the SSDI dependent check is supposed to cover for at least part of the child support, and get the judge to rule correctly... that is, if the case I heard about is active in your jurisdisction. Only a lawyer in your state would know for sure.
It remains... you have a choice... lawyer, back payments of support or jail.
This would have been something you'd have had to take care of BEFORE it started accruing.
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