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Child support and Social Security


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#1 RobinOK

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Posted 10 February 2014 - 10:46 AM

I received notice today that my "Retirement, Survivors and Disability Insurance" checks

will be reduced by about 48% beginning next month due to a court order from a Texas (I assume) court.

 

The letter did not state which court and only gave an Order#, saying I should contact the court directly if I disagree with the decision of the court. Is there an online method of deterrmining what court to contact? The letter gave no indication of who to contact in the SS Admin. or a number to call.

 

I was never notified of any hearing or trial. The last child of this marriage turned 18 over 2 years ago and I have not seen nor talked to either child since their mother alienated them from me when they were 2 and 4 yoa.

 

My problem is, I had to have a defibrillator installed in my chest and have to use the VA for my health care. I can only work about 18-20 hours a week and while not on disability per se (not enough credits), I am limited in earning income at 62 yrs old.

 

The reason for the retroactive CS was due to acute heart failure from CO2 poisoning 7 years ago that left me near dead. It's been a long struggle to just hold on to anything after having lost about 75% of my income since then.

 

Where do I start?



#2 LegalwriterOne

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Posted 10 February 2014 - 03:02 PM

Child support arrearages don't disappear after the children become adults.  The money is still owed to the payee parent and can be collected via an attachment of federal funds being received by the debtor parent.   Contact the child support enforcement agency in your state.  They are likely the ones that acted on behalf of the other parent.   



#3 Fallen

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Posted 10 February 2014 - 04:21 PM

It's unclear what contacting a child support enforcement agency will do, but ...

 

"The last child of this marriage turned 18 over 2 years ago and I have not seen nor talked to either child since their mother alienated them from me when they were 2 and 4 yoa.

Have no idea what this has to do with the legal question as posed, but since you raise it, please note that not being in your children's lives isn't relevant to the legal topic.  The way you slip this in -- and the part about the defib -- seems to be intended to divert from the underlying issue.  (It is an unfortunate but regular choice that fathers decide not to pursue a relationship with their children, and then be inclined to present it as though it were up to the mother to decide when it was not.  You evidently chose not to address the matter in court -- or at least decided to give up that path -- up to 16 years ago.  The fact that a child has turned 18 isn't relevant to the topic of what you owe to the mother in child support.

 

"My problem is, I had to have a defibrillator installed in my chest and have to use the VA for my health care."

Not clear what your point is in mentioning this but, again, since you did, worth noting that having a defib doesn't mean you can't work. 

 

"The reason for the retroactive CS was due to acute heart failure from CO2 poisoning 7 years ago that left me near dead."

While this indirectly acknowledges that you understand there is an amount owed, an objective viewing once again indicates that you believe the health topic has bearing to the legal issue.

 

"Where do I start?"

Back to the actual legal topic at hand.  It seems to me that you already have some idea where this is coming from in that you acknowledge having outstanding child support.  Unless the SS sees a court order saying that you don't owe the money, it'll process a garnishment order.  The time to challenge that you owed money or how much would accrue would've been when you were falling behind, and you don't indicate ever seeking a reduction.


I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics.  If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable.  Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.  :)


#4 RobinOK

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Posted 11 February 2014 - 07:45 AM

After spending the morning on the phone calling to various State and Fed agencies I found that this was a court order issued in my residence State at the behest of another State.

[ @ Fallen

I was never notified that my home State held a hearing to determine the validity of that claim. What's due process have to do with it? (You seem to have left that part of the quote out)

Yes, I acknowledged CS- it was the reason for the post.

Secondy, the point of mentioning the defib was that it's obvious I am working as much as I can, yet rely heavily on my SS to help each month. I didn't say I couldn't work, I said I am limited. This will be a hardship at 50% reduction and is double what I was paying before I was poisoned. When you are able to speak from experience with a 24% ejection fraction, let me know.

In all fairness, you don't know the history and what I was confronted with each time I went to see my children and the heartbreaking tears and pleas not to leave them, but "stay here with us" (at thier mothers parents) or the amount of money it would have taken to continue to fight the legal entrenchment I was up against. Well, no, maybe you do. After all is said and done, most laws are written by attorneys, for attorneys- not the publc. Could that be why there are Fathers Rights groups now? ]

 

I see from most of the replies on here there is this overwhelming view for legal precedent and all things procedural, with little regard for substantial aspects of the law. Yet, the State doesn't restrain itself and disregards the few laws written to protect against abuses. Try to get them to enforce visitation without a "Contempt Proceeding"- i.e more $$ to file.

 

I did find a Texas Statute that stated that if an action in child support was not brought within 2 years of the child's 18th birthday, then it was not valid. It didn't differentiate between present, past or future CS payments. When I find it I will post it here, for what it's worth.



#5 LegalwriterOne

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Posted 11 February 2014 - 08:56 AM

What you think you found is 157.005 which applies only to contempt proceedings.  There is no statute of limitations on the collection of child support arrearages.  I already told you to contact the agency enforcing the order.  You can likely make a deal for them to take a smaller amount from your checks.  They're not going to agree that you pay nothing.






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