On Social Security Disability and Paying Child Support in PA

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Latest post 01-17-2013 10:44 AM by leslieann226. 30 replies.
  • 01-09-2011 11:32 PM

    • djhand2
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    • PA
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    On Social Security Disability and Paying Child Support in PA

    I am currently on Social Security Disability and paying child support in the state of PA.  My ex-wife receives checks each month for both of my daughters from my disability.  I am also ordered by domestic relations that I must pay child support out of the Social Security that I receive each month.  I am ordered to pay $535 a month plus the $480 she already receives from SSID for the girls.   The SSID checks come in her name on behalf of my daughters since she is the one that applied for their benefits before when we were still married.  I also receive VA disability which is also used to calculate my support.  In the end, she receives the same amount total that I get to live on in a month.  She makes close to $19 an hour at the local hospital.  My question is, why doesn't the SSID checks she gets off set what domestic relations says I am obligated to pay or am I not obligated to pay at all?  Also, why am I not allowed to claim at least 1 of my daughters for tax purposes?  Any input would be greatly appreciated.  Thank you.

  • 01-09-2011 11:50 PM In reply to

    Re: On Social Security Disability and Paying Child Support in PA

  • 01-10-2011 2:02 AM In reply to

    • djhand2
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    • Joined on 01-10-2011
    • PA
    • Posts 6

    Re: On Social Security Disability and Paying Child Support in PA

    I clicked on the link and tried to follow and understand the best that I could.  If I read it correctly, it basically states that out of the 1500 I receive a month total from SSID and VA, I pay the 530 in support, she receives their checks as a "pass through" kicker, bringing her total "support" to $1000 a month,  and leaves me to live on $900 a month.  She roughly makes $37,000 a year on her own, not to mention the $12,000 a year for my 2 daughters.  I on the other hand make a grand total of $10,800 a year.  That's awesome.  Especially when I am a good father, always enjoy having them,  they love coming here and both enjoy spending time with each other, making sure I am always here for them...just can't afford to do anything with them.  Glad to see the good fathers make out and the dead beat dads tend to slide.  What a joke.  

  • 01-10-2011 6:46 AM In reply to

    Re: On Social Security Disability and Paying Child Support in PA

    You are credited for the amount she receives after it is added to the total income for determination of the child support amount via the guidelines.  It may not be a complete offset based upon the guideline amount based upon both your incomes.  The primary custodian receives the tax exemption unless agreed to or court ordered.  When support is calculated, a request can be made for the tax exemption- and it would be determined and  based upon who would obtain the largest tax benefit.

  • 01-10-2011 7:01 AM In reply to

    Re: On Social Security Disability and Paying Child Support in PA

    Read "Child of divorced or separated parents"  After clicking it, read a provision and then scroll upward.

  • 01-10-2011 7:22 AM In reply to

    Re: On Social Security Disability and Paying Child Support in PA

    "Any input would be greatly appreciated."

    If you beleive your Child Support obligation is too high, I suggest you schedule a consultation with a reputable Family Law Attorney in your area, to reveiw and explain [to you] what your specific options are. 

    Additionally(as I've learned here in this forum), a consult with a local Tax Lawyer might answer your question(s).

    Ok  I'm not a lawyer.  This is only my opinion /suggestion.  Most Replys' are based on information provided by the "original post" (OP).

  • 01-10-2011 9:38 AM In reply to

    • Drew
      Consumer
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    • Joined on 03-30-2000
    • PA
    • Posts 49,519

    Re: On Social Security Disability and Paying Child Support in PA

    I'm told that PA follow its formulas pretty closely. 

    Plug in the closest data you have to teh PA formulas and see how close the result  is to your order --and it its wacky --give some close  approximations here w/o names and perhaps someone might have a guess as to where problem/options lie.

    If Mom earns say $19/hr how is her monthly income entered in formula- do you know?



  • 08-14-2011 7:26 PM In reply to

    Re: On Social Security Disability and Paying Child Support in PA

    djhand2...I'm in the same boat.  The checks for your children come off the total support and that means her portion of the support also, so she definitely gets the biggest break and the major % of their support is coming from you.


    I've sent you a message on this site.  I hope you'll check it and contact me.  I'm planning on meeting with one of our PA lawmakers and I'd like to take your story and contact info with me.  I want these laws changed!!

  • 11-02-2011 2:11 AM In reply to

    • crazysony
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    • IL
    • Posts 1

    Re: On Social Security Disability and Paying Child Support i...

    I had almost the same problem. Two years ago I've got divorced and my husband obtained the child custody. I was also supposed to gave him 1000$ each month from my salary. I am working as a nurse and I don't have so much money. Two months ago a friend of mine recommended me to discuss with a lawyer in order to put an end to this situation. While searching on the internet I found [a] website and I've called them. They've helped me to renegotiate and I got to 500$ each month.

  • 11-02-2011 11:18 AM In reply to

    Re: On Social Security Disability and Paying Child Support i...

    Crazysonny, child support is based on state guidelines and income. Just because you do not like the amount you pay doesnt make it illegal or unethical. Women pay child support all the time and men all over especially in IL, are paying high support because IL. has some of the worst, out dated guidelines in the country. The NCP pays support based on their income only...and its a set %, while most states factor in both parents income. A lawmaker in IL a few years ago was trying to get their guidelines change to reflect current trends, but not sure what happened to that.

  • 01-14-2013 12:50 PM In reply to

    • Hollyyon
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    • Joined on 01-14-2013
    • PA
    • Posts 5

    Re: On Social Security Disability and Paying Child Support in PA

    My husband and I are in the same boat.  my husband is disabled due to a liver transplant and his ex gets the benefits for their two children plus my husband pays over $400/ month in child support.  His only income is the 1700/month from social security.  His ex makes over 3600/month.  We recently were awarded 50/50 custody of my husbands son. Domestics says that my husband is not entitled to any of the benefits because he does not have 50/50 of his daughter.  How on Gods green earth is this right.  The benefits is suppose to help my husband raise his children...how is this possible when they keep giving his ex more and more.  Please help.  Id love to help change the laws.

    Holly

  • 01-14-2013 1:41 PM In reply to

    Re: On Social Security Disability and Paying Child Support in PA

    Hi Holly

    The law in your husband's case changed drastically last year.  If you are on SSDI and paying child support, NOW the child's derivative benefit will count as your husbands income and the child support is determined from there.

    You need to check with a lawyer as soon as possible and go and schedule a modification date in court.  Do the modification immediately, because the date is retroactive to the day you asked for the hearing.  And you can do that on your own....you don't need a lawyer to schedule it for you. 

    Here's a link to the changed law
    http://www.pacode.com/secure/data/231/chapter1910/s1910.16-2.html

    and here is part of the text from the changed law....
       (2)  Social Security Payments for a Child. If a child for whom support is sought is receiving Social Security benefits as a result of a parent’s retirement, death or disability, the benefits the child receives shall be added to the combined monthly net incomes of the obligor and the obligee to calculate the income available for support on the vertical axis of the basic child support schedule set forth in Rule 1910.16-3. The presumptive amount of support as set forth on the schedule at the combined income of the obligee, obligor and child’s benefits shall then be reduced by the amount of the child’s benefits before apportioning the remaining support obligation between the parties pursuant to Rule 1910.16-4. This calculation presumes that the primary custodial parent, or the shared custodial parent who is the obligee, is receiving the child’s benefits. In cases in which the obligor is receiving the child’s benefits, the amount of the child’s benefit shall be added to the obligor’s income and support shall be calculated as in any other case without deduction of the amount of the benefit from the presumptive amount of support set forth in the basic support schedule. For purposes of determining the support obligation of a surviving parent when the child is receiving benefits as the result of the other parent’s death, the income of a non-parent obligee who is caring for a child but has no support obligation to that child shall include only those funds the obligee is receiving on behalf of the child.

  • 01-14-2013 1:45 PM In reply to

    Re: On Social Security Disability and Paying Child Support in PA

    Unfortunately, the other side of the law...if you are receiving child support and are on SSDI....the child's benefit is still deducted from the total support.  It's very frustrating, but I am glad for the change for dad's like your husband. 

    I got an unbelievable response when I talked with a member of the Domestic Relations Rules Committee of the Supreme Court of PA.  She basically told me "this is the old boys club and you will never see the change you're asking to see."  Made me sick. 

    No one will take on this fight.  Not the ACLU, not womens' rights groups here in PA, no disabled persons advocacy groups.  Seems they all know it's a fight that they will never win.  Completely unfair.

  • 01-14-2013 1:50 PM In reply to

    Re: On Social Security Disability and Paying Child Support in PA

    It's always best to avoid piggybacking on someone else's very old thread and posting your own new question.  Someone may disregard yours as just another response.  That said, you haven't asked a question.

    (I hope you aren't saying that your husband got disability because he received a liver transplant, but because he cannot work due to long-term complications from it.  My red flags always go up when it comes to vague reference to reason for disability.  It's not personal.)

    No one is saying X is right, but your reference to "Domestics" is a bit fuzzy and I presume you mean his SSD when you refer to "benefits".

    As for wanting to help change laws, seems like follow-up may indicate that's not necessary (but if so, the place to start would be your legislative representatives). 

  • 01-14-2013 2:05 PM In reply to

    Re: On Social Security Disability and Paying Child Support in PA

    **BIG UPDATE**

     

    The Domestic Relations Rules committee has FINALLY proposed a change in the law overall to be fair to BOTH sides when a child receives SSDI derivative disability benefits!!

    You can check out the proposal here...

    http://www.pacourts.us/NR/rdonlyres/98E3E7EF-79FF-4FA4-895A-E25AB49B4729/0/rec123domrel.pdf

    HOORAY!!!  FINALLY!!!!

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