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SSI & CHILD SUPPORT


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#1 debsiler

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Posted 05 February 2011 - 12:24 AM

   My boyfriend is on SSI. He has been called to court to pay child support on a minor child. My question is if you are on SSI do you still have to pay child support as ordered before he was granted SSI. We live in North Carolina. He has a court appointed lawyer. He was told by the DSS social worker that if he pays half of the amount he is behind which would be $750.00 all the child support would go away. The child is only 8 years old. That within itself tells me that he doesn't have to continue to pay since he was appoved for SSI.


 


Thank you in advance.


 


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#2 brain50

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Posted 05 February 2011 - 02:54 AM

Once you are on ssi you are no longer required to pay support or back support and the interest should be frozen on arrears.  The account will remain open but no payments are required by federal law.  Also on ssi you dont file taxes so no taxes go for support.  If you inherit or win money then child support has a right to back pay.  I am on ssi--also make sure you are getting a state check called msa.  Its not much but its $112.00 a month

#3 debsiler

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Posted 05 February 2011 - 09:34 AM

Hi Brain50 thank you for your response. I will let his court appointed lawyer what you posted. This lawyer acts like he doesn't know the law at all. Where does my boyfriend go to find out about an MSA check? I tried looking it up on the internet but no luck.


 


Thank you,


 


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#4 brain50

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Posted 06 February 2011 - 01:34 AM

Dear Deb, You can go to the county where you also can get food stamps and health insurance.  He should be able to get some food stamps and a state benefit called msa check.  It only totals anywhere from 86 to 112 dollars depending on the state.  My county worker actually had to check into it after I asked if there were other benefits were available to me after I got on ssi.  I was granted ssi on my 50th birthday and there was no back pay f.or the 2 years I waited for ssi, because the judge didnt rule me disable until the day he approved my ssi.  If there was back pay my attorney told me child support can get that part but not future payment ssi checks.  The state prosecuter should be well aware of the law and it should be a  open and shut thing

#5 debsiler

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Posted 06 February 2011 - 02:38 AM

Thank you Brain for all your help and replies. It has been so hard to figure out with the law is regarding ssi and child support. I am going to call his court appointed attorney tomorrow and let him know what I have found out. My boyfriend got ssi but only got 6 months back pay. We didn't understand why some people get 3 years back pay and some only get 6 months like he did. However after your answer of not getting any at all, I understand it a little better. We have him signed up for food stamps. He has to take a drug assesement test and turn in his statement from his landlord and then he will get them. When we turn in the statement I will ask her about the MSA check. Can you tell me what the initials stand for maybe I can look it up on the interenet that way. Thank you. Deb

#6 brain50

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Posted 06 February 2011 - 03:00 AM

Hi Deb. In our state it is called minnesota supplement aid.  I forgot you are in a different state, but I used norton search and punched in ssi msa--in your state it is probally called something a little different.  This site should give you the basic idea though.  Good luck

#7 debsiler

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Posted 07 February 2011 - 10:06 AM

Brain50,


 


Ok I called my boyfriends attorney this morning. He was very rude and short with me. I told him what I found and about it being federal law not being obligated to pay child support once you are on ssi. He told me that is not what he is finding and that the internet is a helpful tool but to take it with a grain of salt. He told me when he was ready to give me an answer he would call me back. He is a jerk. I hope my boyfriend doesn't go to jail because he has an idiot for a lawyer. Do you know the federal case law number that I could refer to. Or do you know perhaps where I can find it on the internet. Thank you so much for your help and support


 


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#8 brain50

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Posted 08 February 2011 - 02:51 AM

Dear Deb,  I spent several weeks reading thousands of ssi things on line and found only one spot that stated it became federal law and I believe it was in 1996.  I cant find the sight again, but I got so confused reading everything that I couldnt figure out what was right or wrong. One sight says yes and the next says no and on and on and on.  I even went for a free 1 hour family lawyer 2 days before court and she told me they have a minimum of 50 dollars a month standard and I might be able to get the courts to go to 35 or 40.  She then told me it didnt matter that it is federal law because I am in a state court.  Well I went to court in Jan 2011 and walked in with all these things I read and was going to try to say and child support and the county attorney took me in a room and said well there is nothing they can do because of my ssi and do I wish to voluntarily wish to do something to help out.  I told them that I would could work that out later with my ex.  Then all they wanted was that ssi statement you get that says your first payment will be and there after will be.  They simply presented to the judge and she agreed and that was all there was to it.  I also asked if they could take my license or jail me and she said no.  I worried alot for nothing.  The problem is I dont think they see very many ssi cases versis ssc.  Ssi is a basicly welfare benefit and ssc is a earned income that can be attatched to child support.  They do have a right to back support from his 6months back pay but not his monthly checks. 

#9 debsiler

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Posted 24 February 2011 - 10:48 AM

Ok tomorrow my boyfriend has court. However we didn't have to go because he is under doctor's care for an accident. His attorney asked if we could pay 200.00 a month. We agreed after we had already agreed to 150.00 a month. So in essence they wanted more money. So we agreed to it. His attorney said that because we didn't report that he was recieving SSI when he got approved a year ago and he had arrearage before he got approved we have to continue to pay. Even if we end up paying 150.00 a month until the arrearage is paid up. However when he gets a settlement for his accident for a lump sum they will accept a lump sum. I don't get it seems like a bunch of hogwash to me. However 200.00 will keep him out of jail we will do it.




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