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#11
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Child Support Fiasco
"Gini" wrote in message news:cYZFi.6232$yf3.6034@trndny06... "Bob Whiteside" wrote "Gini" wrote in message news:yrWFi.6032$yf3.6001@trndny06... "Bob Whiteside" wrote "Gini" wrote in message news:gdJFi.4371$eh3.50@trndny07... "Bob Whiteside" wrote in message ... wrote in message ups.com... I live in Western New York. My ex-wife has filed for disability and is claiming she cannot work (not for the first time). She is taking me to court (again), petitioning that she should not have to pay child support. On visitation weekends she spends exorbitant sums of money on carnivals, movies, and gifts. She lives in a beautiful home on a large wooded lot with a pond, two new cars, etc,etc. Do I have any recourse when she clearly has means (even thought they may be her husbands)? Incidentally, her last payment was $8.33. So I will naturally be representing myself in court. Any help (specifically where I might look for legal information or precedent) would be greatly appreciated. Determine the cause of the disability. If it has anything remotely connected to her being a fit parent, ask the court to determine if her disability interferes with her ability to work does it also interfere with her ability to be an effective parent. == Get a grip, Bob. I'm not sure I understand your comment. ..................... I am against any plan that allows married women who don't work to get a pass (for whatever reason) and skate on paying CS. == My "get a grip" was for the idea of parental fitness based on disability. Did you overlook the part where he wants an increase in CS because of the current husband's income? Huh? That's outrageous and you would agree as well if the CP were the mother wanting the dad to pay more based on his current wife's income. And, he "complains" that the mom spends too much money on the kids when they're with her. Sure the court can impute income for the mom but certainly not on the basis of her husband's income. C'mon, guys--You're giving this CP a pass! Here is my point with more detail. Let's say her "disability" is alcoholism, drug addiction, or some form of mental illness. Any of those disability determination factors that could make her exempt from paying CS can also be used to challenge her ability to parent. == True. Take my son--He is disabled due to bi-polar disorder. His CS has been set at $0. and his ex requested and received an order stipulating that his visitation with my grandson be in the presence of my husband. Yep. My husband, who is not a party to the case at all and who wasn't present at any hearings and never offered his services to monitor my son's visitation. My husband was mildly amused at the court's audacity :-). Anyway, my son would never ever hurt his child and his ex knows that. In fact, my son was the primary caregiver to his son when they were married, but she used it against him anyway. He is absolutely devastated that his ex took my grandson out of state and he doesn't know where he is and he hasn't seen him in 3 years. == I understood the OP to be saying his former wife is taking him to court to reduce her current CS obligation to zero because she now has a disability and cannot work. The OP did comment on her lifestyle with her new husband but the issue he raised was about her wanting her portion of CS to be zero. == It will likely be so. That doesn't negate the fact that he thinks he should be paid CS on the basis of the new husband's income and he should be embarrassed at complaining the mom spends too much money on the kids when they are with her. == == I agree with that. Two of the most emotionally devastating scenarios that impact fathers and the CS system ignores a 1.) The NCP father pays CS and the CP mother has a guy living with her on the lam, and 2.) The CP or NCP mother remarries and stops working to earn money to support her own children. Father have neither of those options. The OP is dealing with the latter scenario and my suggestion to use the disability against the NCP mother for reduced/supervised visitation may get her to back off of her lawsuit. She needs to understand her attempt to pay zero CS can very likely backfire on her. |
#12
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Child Support Fiasco
On Sep 11, 10:01?pm, "Bob Whiteside" wrote:
wrote in message Determine the cause of the disability. If it has anything remotely connected to her being a fit parent, ask the court to determine if her disability interferes with her ability to work does it also interfere with her ability to be an effective parent. If the court says she can't work because of her disability, ask the court to terminate her visitation rights because the impact of the disability similarly affects her ability to parent. Push at the same time to get her income imputed based on her skills and your local economic conditions for employment. The cause of her disability will have no bearing on her visitation. I will address this in another post further down. In addition, they will not input her income, also answered below. |
#13
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Child Support Fiasco
On Sep 12, 2:44?pm, "Bob Whiteside" wrote:
"Gini" wrote in message news:yrWFi.6032$yf3.6001@trndny06... "Bob Whiteside" wrote "Gini" wrote in message news:gdJFi.4371$eh3.50@trndny07... "Bob Whiteside" wrote in message news:ePadna_B7PLhy3rbnZ2dnUVZ_umlnZ2d@giganews. com... wrote in message egroups.com... I live in Western New York. My ex-wife has filed for disability and is claiming she cannot work (not for the first time). She is taking me to court (again), petitioning that she should not have to pay child support. On visitation weekends she spends exorbitant sums of money on carnivals, movies, and gifts. She lives in a beautiful home on a large wooded lot with a pond, two new cars, etc,etc. Do I have any recourse when she clearly has means (even thought they may be her husbands)? Incidentally, her last payment was $8.33. So I will naturally be representing myself in court. Any help (specifically where I might look for legal information or precedent) would be greatly appreciated. Determine the cause of the disability. If it has anything remotely connected to her being a fit parent, ask the court to determine if her disability interferes with her ability to work does it also interfere with her ability to be an effective parent. == Get a grip, Bob. I'm not sure I understand your comment. ..................... I am against any plan that allows married women who don't work to get a pass (for whatever reason) and skate on paying CS. == My "get a grip" was for the idea of parental fitness based on disability. Did you overlook the part where he wants an increase in CS because of the current husband's income? Huh? That's outrageous and you would agree as well if the CP were the mother wanting the dad to pay more based on his current wife's income. And, he "complains" that the mom spends too much money on the kids when they're with her. Sure the court can impute income for the mom but certainly not on the basis of her husband's income. C'mon, guys--You're giving this CP a pass! Here is my point with more detail. Let's say her "disability" is alcoholism, drug addiction, or some form of mental illness. Any of those disability determination factors that could make her exempt from paying CS can also be used to challenge her ability to parent. I understood the OP to be saying his former wife is taking him to court to reduce her current CS obligation to zero because she now has a disability and cannot work. The OP did comment on her lifestyle with her new husband but the issue he raised was about her wanting her portion of CS to be zero.- Hide quoted text - - Show quoted text - Hate to burst your bubble here but alcohholism and drug addiction are not qualifying disabilities and typically will result in a denial from SSA for all disabilites. CS will be reduced to zero but is handled differently, which I will answer in a reply to the OP |
#14
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Child Support Fiasco
On Sep 11, 6:02?pm, wrote:
I live in Western New York. My ex-wife has filed for disability and is claiming she cannot work (not for the first time). She is taking me to court (again), petitioning that she should not have to pay child support. On visitation weekends she spends exorbitant sums of money on carnivals, movies, and gifts. She lives in a beautiful home on a large wooded lot with a pond, two new cars, etc,etc. Do I have any recourse when she clearly has means (even thought they may be her husbands)? Incidentally, her last payment was $8.33. So I will naturally be representing myself in court. Any help (specifically where I might look for legal information or precedent) would be greatly appreciated. GoodDad GoodDad, this is how SSA (SSDI..not SSI) disability works. Your ex-wifes CS will be set to zero. That is true. However, her obligation of support does not end. When she applies for SSDI, they will give her two amounts. Her own amount and an amount known as the "Family benefit". The formula is quite simple but I will use $1000 as an example. Your exwife monthly benefit :$1000 Total family benefit: $1500 Total to her "auxliary beneficiaries": $500 Basically, she gets 2/3's and the kids get 1/3 of the amount, whatever it is. And auxilary are kids (and you if you were married 10+ years and have not remarried). The $500 is split between the auxilaries. If you have (2) kids, each kid gets $250 a month, which you will control. In order to control it, you have to be the "reprentative payee". She is by default but that is changed by simply presenting your custody court order to the nearest SSA office. They will then change YOU to the payee and the checks go directly to you. This does NOT happen with SSI, but SSI is a needs based program that based on your description, she does not come close to qualifying for. To qualify for SSDI, she just needs the required work credits. If you have not been receiving CS, this is awesome news for you if she gets approved. BUT YOU NEED TO MAKE YOURSELF THE REPRESENTATIVE PAYEE. Also, you need to stipulate in a CS agreement the kids get the SSDI too (but they will anyway), just so she doesnt play games, espcially with the retro payment, which can be large. You also need to stipulate you are the payee. This is all very common and the judge will just rubber stamp it. If she gives you a hard time, he will rubber stamp it anyway. And SSA will also, so dont be shy about doing it. Happens every day. Keep in mind, it is VERY difficult to get approved. VERY. And it takes a lot of people a LONG time. No one on SSDI pays CS, male or female. Well, they do, but it comes from the family benefit. The reason for this is SSDI is based on earnings history, just as CS is and SSA specifically creates the family benefit so kids are taken care of. |
#15
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Child Support Fiasco
"Relayer" wrote in message oups.com... On Sep 12, 2:44?pm, "Bob Whiteside" wrote: "Gini" wrote in message news:yrWFi.6032$yf3.6001@trndny06... "Bob Whiteside" wrote "Gini" wrote in message news:gdJFi.4371$eh3.50@trndny07... "Bob Whiteside" wrote in message news:ePadna_B7PLhy3rbnZ2dnUVZ_umlnZ2d@giganews. com... wrote in message egroups.com... I live in Western New York. My ex-wife has filed for disability and is claiming she cannot work (not for the first time). She is taking me to court (again), petitioning that she should not have to pay child support. On visitation weekends she spends exorbitant sums of money on carnivals, movies, and gifts. She lives in a beautiful home on a large wooded lot with a pond, two new cars, etc,etc. Do I have any recourse when she clearly has means (even thought they may be her husbands)? Incidentally, her last payment was $8.33. So I will naturally be representing myself in court. Any help (specifically where I might look for legal information or precedent) would be greatly appreciated. Determine the cause of the disability. If it has anything remotely connected to her being a fit parent, ask the court to determine if her disability interferes with her ability to work does it also interfere with her ability to be an effective parent. == Get a grip, Bob. I'm not sure I understand your comment. ..................... I am against any plan that allows married women who don't work to get a pass (for whatever reason) and skate on paying CS. == My "get a grip" was for the idea of parental fitness based on disability. Did you overlook the part where he wants an increase in CS because of the current husband's income? Huh? That's outrageous and you would agree as well if the CP were the mother wanting the dad to pay more based on his current wife's income. And, he "complains" that the mom spends too much money on the kids when they're with her. Sure the court can impute income for the mom but certainly not on the basis of her husband's income. C'mon, guys--You're giving this CP a pass! Here is my point with more detail. Let's say her "disability" is alcoholism, drug addiction, or some form of mental illness. Any of those disability determination factors that could make her exempt from paying CS can also be used to challenge her ability to parent. I understood the OP to be saying his former wife is taking him to court to reduce her current CS obligation to zero because she now has a disability and cannot work. The OP did comment on her lifestyle with her new husband but the issue he raised was about her wanting her portion of CS to be zero.- Hide quoted text - - Show quoted text - Hate to burst your bubble here but alcohholism and drug addiction are not qualifying disabilities and typically will result in a denial from SSA for all disabilites. CS will be reduced to zero but is handled differently, which I will answer in a reply to the OP The government plays verbal games with their definitions of disabilities and alcoholism/drug addictions. They say alcoholism and drug abuse are not disabilities by themselves, but they also say people with alcoholism and drug abuse issues have an underlying disability that qualifies them for benefits. IOW - Alcoholism is not a disability but depression which is related to alcoholism is a disability. Likewise, drug abuse is not a disability but drug abuse is caused by a personality disorder which is a disability. |
#16
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Child Support Fiasco
On Sep 12, 9:25?pm, "Bob Whiteside" wrote:
"Relayer" wrote in message oups.com... On Sep 12, 2:44?pm, "Bob Whiteside" wrote: "Gini" wrote in message news:yrWFi.6032$yf3.6001@trndny06... "Bob Whiteside" wrote "Gini" wrote in message news:gdJFi.4371$eh3.50@trndny07... "Bob Whiteside" wrote in message news:ePadna_B7PLhy3rbnZ2dnUVZ_umlnZ2d@giganews. com... wrote in message egroups.com... I live in Western New York. My ex-wife has filed for disability and is claiming she cannot work (not for the first time). She is taking me to court (again), petitioning that she should not have to pay child support. On visitation weekends she spends exorbitant sums of money on carnivals, movies, and gifts. She lives in a beautiful home on a large wooded lot with a pond, two new cars, etc,etc. Do I have any recourse when she clearly has means (even thought they may be her husbands)? Incidentally, her last payment was $8.33. So I will naturally be representing myself in court. Any help (specifically where I might look for legal information or precedent) would be greatly appreciated. Determine the cause of the disability. If it has anything remotely connected to her being a fit parent, ask the court to determine if her disability interferes with her ability to work does it also interfere with her ability to be an effective parent. == Get a grip, Bob. I'm not sure I understand your comment. ..................... I am against any plan that allows married women who don't work to get a pass (for whatever reason) and skate on paying CS. == My "get a grip" was for the idea of parental fitness based on disability. Did you overlook the part where he wants an increase in CS because of the current husband's income? Huh? That's outrageous and you would agree as well if the CP were the mother wanting the dad to pay more based on his current wife's income. And, he "complains" that the mom spends too much money on the kids when they're with her. Sure the court can impute income for the mom but certainly not on the basis of her husband's income. C'mon, guys--You're giving this CP a pass! Here is my point with more detail. Let's say her "disability" is alcoholism, drug addiction, or some form of mental illness. Any of those disability determination factors that could make her exempt from paying CS can also be used to challenge her ability to parent. I understood the OP to be saying his former wife is taking him to court to reduce her current CS obligation to zero because she now has a disability and cannot work. The OP did comment on her lifestyle with her new husband but the issue he raised was about her wanting her portion of CS to be zero.- Hide quoted text - - Show quoted text - Hate to burst your bubble here but alcohholism and drug addiction are not qualifying disabilities and typically will result in a denial from SSA for all disabilites. CS will be reduced to zero but is handled differently, which I will answer in a reply to the OP The government plays verbal games with their definitions of disabilities and alcoholism/drug addictions. They say alcoholism and drug abuse are not disabilities by themselves, but they also say people with alcoholism and drug abuse issues have an underlying disability that qualifies them for benefits. IOW - Alcoholism is not a disability but depression which is related to alcoholism is a disability. Likewise, drug abuse is not a disability but drug abuse is caused by a personality disorder which is a disability.- Hide quoted text - - Show quoted text - Are you saying the governement plays word games? LOL...hehe..uh..ya...I think so.. Whcih comes first the chicken or the egg. The alcoholism or the depression..I know.. What I meant was alcoholism in itself is not a qualifying disability and will result in denial of future claims..but true, a lot of depressed people turn to drugs or alcohol.. Howwever, any mental illness (such as anxiety or depression) is still VERY difficult to get approved in any case. If it was easy, everyone paying CS would be approved immediately because I cant think of anything that causes more depression or anxiety.. |
#17
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Child Support Fiasco
On Sep 12, 9:25?pm, "Bob Whiteside" wrote:
"Relayer" wrote in message oups.com... On Sep 12, 2:44?pm, "Bob Whiteside" wrote: "Gini" wrote in message news:yrWFi.6032$yf3.6001@trndny06... "Bob Whiteside" wrote "Gini" wrote in message news:gdJFi.4371$eh3.50@trndny07... "Bob Whiteside" wrote in message news:ePadna_B7PLhy3rbnZ2dnUVZ_umlnZ2d@giganews. com... wrote in message egroups.com... I live in Western New York. My ex-wife has filed for disability and is claiming she cannot work (not for the first time). She is taking me to court (again), petitioning that she should not have to pay child support. On visitation weekends she spends exorbitant sums of money on carnivals, movies, and gifts. She lives in a beautiful home on a large wooded lot with a pond, two new cars, etc,etc. Do I have any recourse when she clearly has means (even thought they may be her husbands)? Incidentally, her last payment was $8.33. So I will naturally be representing myself in court. Any help (specifically where I might look for legal information or precedent) would be greatly appreciated. Determine the cause of the disability. If it has anything remotely connected to her being a fit parent, ask the court to determine if her disability interferes with her ability to work does it also interfere with her ability to be an effective parent. == Get a grip, Bob. I'm not sure I understand your comment. ..................... I am against any plan that allows married women who don't work to get a pass (for whatever reason) and skate on paying CS. == My "get a grip" was for the idea of parental fitness based on disability. Did you overlook the part where he wants an increase in CS because of the current husband's income? Huh? That's outrageous and you would agree as well if the CP were the mother wanting the dad to pay more based on his current wife's income. And, he "complains" that the mom spends too much money on the kids when they're with her. Sure the court can impute income for the mom but certainly not on the basis of her husband's income. C'mon, guys--You're giving this CP a pass! Here is my point with more detail. Let's say her "disability" is alcoholism, drug addiction, or some form of mental illness. Any of those disability determination factors that could make her exempt from paying CS can also be used to challenge her ability to parent. I understood the OP to be saying his former wife is taking him to court to reduce her current CS obligation to zero because she now has a disability and cannot work. The OP did comment on her lifestyle with her new husband but the issue he raised was about her wanting her portion of CS to be zero.- Hide quoted text - - Show quoted text - Hate to burst your bubble here but alcohholism and drug addiction are not qualifying disabilities and typically will result in a denial from SSA for all disabilites. CS will be reduced to zero but is handled differently, which I will answer in a reply to the OP The government plays verbal games with their definitions of disabilities and alcoholism/drug addictions. They say alcoholism and drug abuse are not disabilities by themselves, but they also say people with alcoholism and drug abuse issues have an underlying disability that qualifies them for benefits. IOW - Alcoholism is not a disability but depression which is related to alcoholism is a disability. Likewise, drug abuse is not a disability but drug abuse is caused by a personality disorder which is a disability.- Hide quoted text - - Show quoted text - btw, depression is not the cause of alcoholism nor is a personaility disorder the cause of drug addiction. Just an FYI. |
#18
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Child Support Fiasco
"Relayer" wrote in No one on SSDI pays CS, male or female. Well, they do, but it comes from the family benefit. The reason for this is SSDI is based on earnings history, just as CS is and SSA specifically creates the family benefit so kids are taken care of. So in the end, we all end up paying for their kids anyway! |
#19
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Child Support Fiasco
On Sep 13, 11:05?am, "DB" wrote:
"Relayer" wrote in No one on SSDI pays CS, male or female. Well, they do, but it comes from the family benefit. The reason for this is SSDI is based on earnings history, just as CS is and SSA specifically creates the family benefit so kids are taken care of. So in the end, we all end up paying for their kids anyway! No. SSDI is an insurance program and not welfare in the least. You pay a premium and if you make a claim, it is paid if approved. Everyone who pays into the system has the insurance (you do also and might need it someday). SSI on the other hand IS a welfare based system paid out of tax payer dollars and therefor there is no CS family benefit. |
#20
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Child Support Fiasco
On Sep 12, 2:43 pm, "Gini" wrote:
"Bob Whiteside" wrote "Gini" wrote in message news:gdJFi.4371$eh3.50@trndny07... "Bob Whiteside" wrote in message om... wrote in message groups.com... I live in Western New York. My ex-wife has filed for disability and is claiming she cannot work (not for the first time). She is taking me to court (again), petitioning that she should not have to pay child support. On visitation weekends she spends exorbitant sums of money on carnivals, movies, and gifts. She lives in a beautiful home on a large wooded lot with a pond, two new cars, etc,etc. Do I have any recourse when she clearly has means (even thought they may be her husbands)? Incidentally, her last payment was $8.33. So I will naturally be representing myself in court. Any help (specifically where I might look for legal information or precedent) would be greatly appreciated. Determine the cause of the disability. If it has anything remotely connected to her being a fit parent, ask the court to determine if her disability interferes with her ability to work does it also interfere with her ability to be an effective parent. == Get a grip, Bob. I'm not sure I understand your comment. ..................... I am against any plan that allows married women who don't work to get a pass (for whatever reason) and skate on paying CS. == My "get a grip" was for the idea of parental fitness based on disability. Did you overlook the part where he wants an increase in CS because of the current husband's income? Huh? That's outrageous and you would agree as well if the CP were the mother wanting the dad to pay more based on his current wife's income. And, he "complains" that the mom spends too much money on the kids when they're with her. Sure the court can impute income for the mom but certainly not on the basis of her husband's income. C'mon, guys--You're giving this CP a pass! Perhaps I should have spent more time explaining the situation (jeez...you guys are tough). Actually, I earn in excess of $100,000.00 a year, probably double what my ex-wife or her husband pull down in a year. That's not arrogance...just a fact. The issue at hand is complex. When I was still married, I came home one day to find out that I was losing my house and that all of my credit cards had been maxed out. Even worse, my ex had been abusing prescription meds and was leaving our two children unattended for large blocks of time. Turns out the neighbors were aware, but didn't want to intrude (except, of course, for the time that both children were found out in the snow in the diapers..mom inside passed out...no one bothered to share this with dad). Since my subsequent bankruptcy, 10 years of rebuilding my credit, and raising two kids, my ex has been picked up for writing bad checks, fraud, you name it. Meanwhile, she takes us to court every couple of years, asking for things she never follows up on and costing me, and more importantly my children, thousands of dollars. She also has two different personal injury cases pending against two different hapless parties, for whatever she decided they did wrong (I think one was a slippery sidewalk). Before my income was more substantial, I took her to court for support. She showed up faking disability and the judge screamed at her and told her to stop avoiding her responsibilities. Then as now, she said she had no income. My lawyer contended, and the judge agreed, that she clearly had money to spend and should spend it on kids...job or no job. Meanwhile, my kids go to visitation in a home where they watch PG-13 and R movies (they are 11 and 12 currently), listen to adults swear and tell inappropriate jokes, and chain smoke every hour of the day. This is in violation of a court order, but the court has been reluctant to get tough with them. My son has asthma...go figure the justice system. My desire to have her pay is one of principal. No one should get away with the kind of crap she does, and then deny her kids what they are entitled. Isn't that what child support is for? Every penny she sends goes into a college savings account. It's been 10 years and they each only have around $500.00 total. Thanks for responding to my original post. GoodDad |
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