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.
  • 01-14-2013 2:15 PM In reply to

    • djhand2
      Consumer
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    • Joined on 01-09-2011
    • PA
    • Posts 6

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

    I set up a new consultation last year and afterward...nothing was changed.  I am still paying the same amount that I was previously.  It sucks that even after recieving the benefits checks for my daughter, I am still obligated to pay another 400 on top of that.  I can barely make ends meet myself.  I try to provide what I can for my daughters and whatnot, but they know when they are here, they do not ask for much because they know I do not have the money.  It's frustrating and really makes me mad that I can not do the things I want with them because of this.  

  • 01-14-2013 2:22 PM In reply to

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

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

    Hi Leslieann,

    My husband had a hearing for modification today and his child support increased that he has to pay and we do not get any of the ssdi benefits.  He appealed the ruling and he has a denovo (spelling???) hearing on Feb 4.  I did contact an attorney, waiting to hear back.  I am so sick to my stomach, I just dont know how it can be increased.  I have to work three jobs to make up for this loss.  Thank you for the information, I will certainly take that with us to the lawyer.

    Holly.

  • 01-14-2013 2:23 PM In reply to

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

    You need to print out the new law and take them with you.  I was in court and the lawyers and the staff had NO CLUE that half of the law has changed and the computer system didn't reflect the change.  You should NOT still be doing that!!  Please call a good lawyer or like I said, print out the laws and take them with you to Domestic Relations!!


    You have to protect your rights!!

     

  • 01-14-2013 2:33 PM In reply to

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

    This proposal has not been submitted for review by the Supreme Court of Pennsylvania. It's only a proposal...there is no change.

  • 01-14-2013 2:53 PM In reply to

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

    The proposal to change part of the law was in full effect within 30 days of the end of taking comments.  This will pass just like the other part passed...because this has gone on for far too long! 

     

  • 01-14-2013 5:53 PM In reply to

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

    Will pass means has not passed and no case is going to be modified based off of it.

  • 01-14-2013 7:20 PM In reply to

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

    The part of the law that changed in September of 2011 is what will affect her and her husbands case.  The know it all's on this forum are ridiculous.  Perhaps you should have read all the way through the thread.  I posted the part of the law that changed in 2011 for her and the link to the entire thing.

    The proposal has to do with parents who receive child support AND receive the derivative benefit.  That is the second part of the change to the law that is now proposed. 

    Her case should and will be modified based on the change in 2011 and the proposed change has no bearing whatsoever on it. 

     

  • 01-15-2013 6:53 AM In reply to

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

    The link you posted was to the proposal.  Pa currently has a law which calculates social security derivative benefits and parents who receive child support.  The proposal could change how it may be applied, sometime in the future. 

  • 01-15-2013 8:05 AM In reply to

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

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

    Thanks again Leslieann...I am hoping to talk to the attorney today.  Just so I have things straight...who is the obligor and who is the obligee? I appreciate all of your help. Do you know if there is any help or reduction because my husband has so many health related expenses, does that ever come into play?

    And for the one who questioned why my husband is getting disability...yes he had a liver transplant and he suffers from complications and needs another transplant...so ya, life sucks so thanks for asking.

    Thanks,

    Holly

  • 01-15-2013 10:54 AM In reply to

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

    JoBraver...if you look at my reply at 1:41pm on 1/14, you will see that it is the current law as it stands now.  That part of the law was changed in September of 2011. 

    The fact that YOU are an attorney in Pennsylvania and you do not already know that is probably why this husband and wife have been overpaying for over a year. 

    Perhaps you should re-read ....this is the current law...changes applied as I said above in September of 2011. Rule 1910.16-2. Support Guidelines. Calculation of Net Income.

    http://www.pacode.com/secure/data/231/chapter1910/s1910.16-2.html

  • 01-15-2013 11:02 AM In reply to

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

    Hi Holly

    The obligor is the one who pays child support (your husband) and the obligee is the one support is paid to. 

    I'm afraid I've never been successful taking any of my medical expenses into account.  Yours have to be astronomical after a transplant.  I'm guessing around $250,000 at least??  If that is the case, talk to the lawyer about asking for an exception.  It's not guaranteed in any way, but I'm sure you could ask.  I believe there is something about the support can NOT put you below a certain standard of living.  If you can prove the medical expenses combined with the child support put you below this level, then the courts may grant an exception.

    Also, you may want to talk to Social Security.  Because of the changes in the law, the derivative benefits check should probably NOT be going directly to their mother any more.  Ask the lawyer about this. 

    Finally, if you feel like the lawyer does not understand these issues, then move on and find one that does. 

    Good luck to you and your hubby!  Sending prayers for his health....so difficult I'm sure and dealing with all of this can not be helping.

  • 01-15-2013 11:20 AM In reply to

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

    Holly,

    One more thought...if you've had modification hearings since the law changed in 2011, you may want to ask the attorney about asking for overpayment credit retroactively because the courts did NOT apply the law correctly.  You may not have to pay any child support until the overpayment is brought to zero.

    They should be held responsible if they were not up to date on the current laws. 

    Again, good luck!

     

  • 01-15-2013 7:27 PM In reply to

    • Hollyyon
      Consumer
    • Not Ranked
    • Joined on 01-14-2013
    • PA
    • Posts 5

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

    Thanks again for all of your help.  Do you know of any GOOD lawyers in Lehigh County?  We really need one that knows their stuff but that isnt that expensive because we just cant afford it.  But i am so tired of paying for luxurious vacations for my husbands ex...its just not fair.

  • 01-15-2013 8:31 PM In reply to

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

    I'm sorry, but I'm completely on the other side of the state and I have no clue.  I've found researching family law lawyers online is difficult.  Word of mouth is probably best.  Ask anyone you know that's divorced or had any custody issues. 

    It's not fair...not fair at all.

  • 01-16-2013 5:57 PM In reply to

    • Hollyyon
      Consumer
    • Not Ranked
    • Joined on 01-14-2013
    • PA
    • Posts 5

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

    Thanks Leslieann...we have an appt. next Thursday.  Do you think it is adventagous to also contact a social security lawyer present as well? 

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