I am a permanently disabled mother of 3 kids. SSI is my only income, plus child support for one of my kids.
The father of my youngest got custody by a legal loophole, and is pushing for child support enforcement. He is well aware of my life-threatening chronic condition, and the fact that I get SSI, and not SSDI.
I filed for modification of my child support order a year ago, but the OAG has refused to modify because my ex keeps filing enforcement, which creates a "pending legal action". He had them send the SSA a withholding order, which was promptly rejected with their message of "Nope. The client is on SSI. You can't."... They are still trying to enforce child support, and now asking for jail time or for me to pay by any means necessary. I had made a few payments out of my son's child support account, but I am $3300 in arrears.
Can I be jailed for this? Can they garnish my bank account where my SSI is deposited? My total monthly income, SSI and son's CS is $1500. I support myself and 2 teenage boys on this alone, and my daughter when she is here on visits.
My ex has told me directly that he plans to make me suffer for leaving him, and will push for me to get put in jail for my "criminal activity" of not paying him child support. He repeatedly has called me a deadbeat parent, even though I have supported my boys their whole lives, and this ex was spending $700-1200 a month when we were together, on beer and cigarettes. My daughter tells me he still drinks a lot and he won't buy her properly-fitting clothes, because supposedly it's my responsibility to provide all of her clothing. (She has stuff for my house.)
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So sorry to hear this. You need a competent lawyer. Call the Legal Aid Society and you can get one for free. Also make an appointment with Social Security to explain your situation
I already had a legal aid lawyer for the divorce. He told me since the CS wasn't handled by them, it went thru OAG directly, they can't provide me legal counsil for this.
I also contacted social security, and all they could tell me was that the letter they sent OAG should have been enough to modify the support. But they won't modify it due to "pending legal action" (exes motion to enforce)
Hi,
You can have the child support modified, because of your
disability, but you will have to get a lawyer to get social security to do their part, instead of telling you no ever time you ask them, and one to negotiate the modification. Here is a link from nolo.com
www.nolo.com/
Contact your state senator and ask for help with all of this.
This needs good legal representation and your state senator's office can help point you in the right direction (at least if yours is as good as ours he or she can help).
I found mine by putting into Google my city name and the phrase "state senator". The office was close by, the services were free (well our taxes paid them) and they were helpful. They even have FREE notary services.
Post back what you learn and if they are able to help you.
If the state senator can't help, as him or her for the name of your FEDERAL Senator and FEDERAL Representatives and see if they can help. Those offices are usually in the city areas (while the state people have offices in smaller communities).
Prayers for solutions for your challenges.
If you are awarded SSI, your benefits cannot be garnished to make child support payments.
It is possible (according to what state you live in) that other income - even child support - may be considered for paying child support and that is the reason you need legal services.
You state teen age boys but appears you receive support for only one child? Is there a reason you are not able to get child support for the second child? The ages of these boys should also be taken into consideration as teens usually need more expensive clothes and school items.
Of course, if the boys are nearing 18 that support may soon end??
Social Security will not handle this so you will need an attorney to work this out. Check out family services to see if they can provide help for you.
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