While waiting for SSI determination does father still have to pay child support?

Question

I live in Michigan. My daughter's father has been court ordered to pay support. He hasn't been making his payments and his show-cause hearings keep getting postponed due to him applying for SSI disability. This has been going on for over a year. Sometimes he pays and then the payments stop for months at a time. He told me that legally, since he has been trying to collect disability for 4 1/2 years, he hasn't HAD to pay child support because he can't work. The payments he HAS made have basically been out of the kindness of his heart. Can this be true in any way? And if he DOES start collecting SSI will I be entitled to backpay for my daughter's care?

Answer 1

Yes, he still must pay. In order for him to stop, or try to stop child support, he must file an amendment requesting to change/stop child support and then it will be determined by a judge.

Answer 2

Sorry, but I think his biggest disability is being full of fecal matter. My husband has multiple sclerosis, in a wheel chair... it did not, at any time, change his obligation for child support. When he did get approved for ssdi, his kids became eligible for benefits also, and that was the support, but it was paid to the mother directly.
If he truly is not able to work, yes, I understand it is horrible. However, he is the person who has to file petition with the court to modify his obligation. The determination is then up to the judge. You need to be part of the process, in terms of documenting what he has paid. The reality that he hasn't succeeded in getting it for 4 1/2 years, suggests that there is a real question about if he qualifies. The question is how well you know him, and if he is being honest or not.

Answer 3

He is definatly snowballing you!If he hasnt been approved for ssi yet or isnt receiving a check yet you are definatly entiled -let me correct myself your child is entiled to child support!I would contact an attorny they will usually give you a free consultation,sometimes over the phone.He will most likely have to pay your attorney fees along with back support.Dont let that man dupe you if he hasnt received ssi after 4 1/2 years hes really probably snowballing the goverment too.If he had a serious disability he could have proved his case by now.BEST OF LUCK!!Also if he does receive ssi he still has to pay,that will be considered when they award an amount due each month.

Answer 4

Legally, Child Support payments can be garnished from Social Security Disability Insurance (SSDI), but not from Supplemental Security Income (SSI). If your daughter's father is olnly eligible for SSI, you will likely get very little ongoing support from him. If he has worked long enough and paid into the Social Security Fund (FICA on a paycheck), the Social Security Administration will award him SSDI. Then you can ask the state to intervene on your daughter's behalf to garnish a small portion of his SSDI for back pay. She will also be eligible for SSDI as a dependent until she's 18. There are no dependent benefits linked to SSI, though, depending on your income and resources your daughter may be eligible for TANF and/or food stamps.

Alana
Benefits Advocate

Answer 5

Sounds like the man has pretty much hit bottom, being physicaly impaired. You can make him pay only a percentage of the money he has made over these years. Legally that's the way it is but you may be in a state where they just do a man any way they want and have him pay twice what he makes. When he collects SSI, he'll recieve a "backpay and yes you are intitled to a percentage of that. and he'll recieve compensation based on his dependants and "you" can see that percentage is sent directly to you.

Answer 6

As my own local judge always says..."Get a job!"

If the court orders child support...despite anything else...he is required to pay child support until the child reaches the age indicated on the divorce order which is normally 19 (age of emancipation) or 21 if the child continues through college.

If he's not paying child support...he is in "contempt of court."

Contact the attorney who handled your divorce for more assistance.

Best wishes!

Answer 7

I believe he would have to pay until such time that Social Security makes a determination as to whether or not he is truly disabled. Him applying for it doesn't mean he's disabled and unable to work, it means he is attempting to be certified disabled by the government, and has yet to do so. Until such determination is made, he is ABLE and is obligated according to my understanding. And also, if he does get approved, your kid/kids would be eligible to recieve benefits for having a parent who is disabled....I could be wrong, but call your local social security office to verify

Answer 8

If I'm not mistaken, Social Security may allow you to apply for your minor children once their father is drawing off of Society Security. My father was on Social Security and my mother was able to get child support for us kids through Social Security.

I would encourage you to check out their website: www.ssa.gov

Answer 9

just smug and loving his loop hole is he? paying or not, it still adds up. there are other ways to deal with this deadbeat. first, call the SSI office and ask them all of your questions regarding child support... such as; how long can it take, how will i know if he is accepted, how do you deal with child support? does SSI cover my child? does SSI give medical benefits?

FAX a letter to your states Attorney General, Governor and your states Regional FEDERAL Child Support Office. give them your contact info, case number, his info and it'll take years before he will collect disability. ask them what can be done about this. ask for his drivers license to be revoked, or leins on property.

phone calls are useless, mail ends up in someones "to do" pile, so i found FAXING to be effective. if you cant find a fax number (most are listed online), then just call and ask for it.

DEADBEATS
http://www.wantedposters.com/deadbeats_usa_a_to_f.htm
http://www.angelfire.com/creep/deadbeatparentssuck/
http://www.deadbeatjustice.com/list.htm
www.goodparentspay.com

CHILD SUPPORT CALCULATORS
http://www.divorcelawinfo.com/calculators.htm
http://www.alllaw.com/calculators/childsupport/
http://www.helpyourselfdivorce.com/child-support-calculators.html

LAWS
http://www.divorcelawinfo.com/states.htm
http://www.divorcehq.com/spprtgroups.html
http://www.divorceinfo.com/statebystate.htm
http://www.divorcenet.com/states
http://www.divorcesource.com/
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml
http://www.divorcecentral.com/
http://family.findlaw.com/
http://family.findlaw.com/child-support/unpaid-support/support-orders-enforcement.html
http://www.divorcehq.com/deadbeat.html
http://www.divorceinfo.com/
http://www.divorceinanutshell.com/
http://www.lawchek.com/Library1/_books/domestic/qanda/childsupp.htm
http://family.findlaw.com/child-support/support-laws/state-child-/
http://www.supportguidelines.com/resources.html
http://www.supportguidelines.com/links.html
http://www.supportguidelines.com/laypersons.html
http://www.supportguidelines.com/articles/news.html
http://family.findlaw.com/child-support/support-basics/
http://www.spiesonline.net/deadbeat.shtml
http://www.childsupport-aces.org/index2.html

STATS
http://www.childsupport-aces.org/acesstatistics.html

FINDING DEADBEATS
http://www.wantedposters.com/skiptrace.htm
http://find.intelius.com/search-name.php?ReportType=1&
http://www.discreetdata.com/index.html
http://www.identitycrawler.net/people_search.html
http://www.efindoutthetruth.com/
http://www.peoplefinders.com
http://zabasearch.com/

FED AGENCIES
http://www.ncsea.org/
http://www.nfja.org/index.shtml

REGIONAL FEDERAL CHILD SUPPORT OFFICES
http://www.acf.hhs.gov/programs/oro/regions/acf_regions.html

FACTS AND REGIONAL FEDERAL CS OFFICE INFO
http://www.acf.hhs.gov/programs/cse/fct/fct4.htm
http://www.divorcesource.com/WI/ARTICLES/beaulier11.html
http://www.acf.dhhs.gov/opa/fact_sheets/cse_factsheet.html
http://www.acf.dhhs.gov/programs/cse/newhire/index.html
http://www.acf.dhhs.gov/programs/cse/faq.html
http://www.acf.hhs.gov/programs/cse/newhire/fop/passport.htm
http://www.acf.hhs.gov/programs/cse/newhire/fop/fop.htm
http://www.acf.hhs.gov/programs/cse/newhire/faq/faq.htm
http://www.acf.dhhs.gov/programs/cse/extinf.html
http://www.acf.dhhs.gov/programs/cse/
http://www.acf.dhhs.gov/grants/grants_cse.html
http://www.acf.dhhs.gov/index.html
http://www.acf.hhs.gov/programs/region2/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://www.govbenefits.gov/govbenefits_en.portal
http://www.fedstats.gov/qf/
http://www.fedworld.gov/gov-links.html
http://fatherhood.hhs.gov/pfs92/ch3.htm

SSI AND CHILD SUPPORT
http://www.ssa.gov/policy/docs/policybriefs/pb2004-02.html
http://www.ssa.gov/notices/supplemental-security-income/
(look under 'contact us' for numbers)

FIND YOUR STATE REPS
http://www.usa.gov/
http://www.usa.gov/Agencies/State_and_Territories.shtml
http://www.nga.org
http://www.naag.org/attorneys_general.php

CHILD SUPPORT LIEN NETWORK
(some states work with them)
http://www.childsupportliens.com/

COLLECTORS
http://www.supportkids.com/
http://www.supportcollectors.com/faq.php
http://www.deadbeatdadfinders.com/
http://www.deadbeatdadfinders.com/links.html
http://www.childsupport-aces.org/index2.html
http://www.divorcesource.com/info/deadbeat/deadbeat.shtml

TAX INFO
http://www.taxsites.com/index.htm
http://www.divorceinfo.com/taxes.htm
http://www.irs.gov/taxtopics/tc354.html
http://www.irs.gov/taxtopics/tc422.html
http://www.irs.gov/faqs/faq4-5.html
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/advocate/index.html
http://www.irs.gov/publications/p525/index.html
http://www.fms.treas.gov/faq/offsets_childsupport.html
http://money.cnn.com/2007/02/14/pf/taxes/do_not_miss_tax_breaks/index.htm?postversion=2007021411

REPORT DEADBEATS
WORKING UNDER THE TABLE
(in writing, to your local and federal IRS offices)
http://www.irs.gov/localcontacts/index.html
http://www.irs.gov/compliance/enforcement/article/0,,id=106778,00.html

SEX OFFENDERS
http://www.mapsexoffenders.com/
http://www.scanusa.com/
http://www.nsopr.gov/
http://www.familywatchdog.us/Default.asp

oh yeah, you do realize that if you hire a PI to follow him around in the spring/summer, and you caught him working...or activities of any type, you could submit that PI report to the SSI office and he would be refused...

no more loophole.

just food for thought.

.

Answer 10

Yes, he has to pay. The kids still have to eat don't they?