NCP filing for diability, what will change in Child Support?


#1

I have been told that their are new laws being passed that Child Support will not be taken from Disability Checks anylonger. Is this true?
NCP claims that he is Disabled. But on one of our supervised visitations NCP walked three miles, which states that he would not classify as disabled w/back problems if this is the case. (seen on disability web site).

If their is a new law claiming this, where would I find it in detail? Is the Disability department going to be held liable if the NCP lies to them, just to try and get out of child support? Who is looking after the children and their best interest?

I hope this is not true as it totally is very frustrating.


#2

I have not heard of any new laws which would not count disability as income. It is income for purposes of calculating child support.


#3

My daughter’s father is the NCP, he is on disability. What they do is send you a form and you need to fill it out. They need proof that you are the CP. You will then have to send it in and wait for the money to come in. Your child support won’t be the same though. It will be lowered to the amount that is calculated through SS.

This is what happened with me. Child support drop from $1077.00 to now $216.00


#4

I do not understand. The childs needs do not change. How can the government actively conceive that this would be a option of how to raise a child effectively.

Can you give me any more details of your personal situation that would help me locate the rules of this guideline under social security.
I guess my thing is that my childs NCP was self employed for many years, so he paid very little into his Social Security. I am not fully aware of how all of this works. My childs NCP, hmm… I would compare him to a weisel. He works for cash under the table in the construction industry and claims self employed and does not claim all that he makes, especially if he is paid in cash.

Is this even legal? What if he lied to them to get his Disability? Who is held accountable for believing his lies?


#5

okay here is the deal with my case.

NCP is over $16,000.00 in the hole right now. When he was placed on disablity it all changed. The child support division put on his record that he is unable to work and is receiving a disablilty check.

Yes, he could be responsible for the remaining, but taking it to court and spending all that money won’t get you really anywhere. I did that. I’m still waiting for the money. Well, last year for some reason all the back support was lost. There is no file on it. I really don’t know what happened.

So, when I spoke to an attorney about it, the attorney said that if we did go to court, then they could only compute what he is bring in, which really isn’t much. That I should just let SS handle it.

This is all I can really say to you, “How can you get an apple when the apple isn’t even there”? You will need to just figure out other means on supporting the needs of your child. I did!

I know this isn’t what you want to hear, but it is facts. Child support division will tell you the same thing.


#6

NCP owes me retro 25750.00. I opted not to use the CS, and I am attempting to keep everything on record myself. I have not let him get by with anything.

Your comments did bring insight into my situation. I have recorded everything from day one of the court order, to how much was paid, when it was paid, when it was due, what wasnt’ paid and how much is still owed. I just filed three separate contempt charges, and requesting review of attorneys fees, so hopefully, I can get this award before he gets his disability. (If he gets it). From my understanding, the owed support that is past can not be modified. So the past support will still be outstanding and should not be removed. Because it was ordered at a time when he was working and could pay, just chose not to.

My husband and I are doing all that we can to support her. Yet she has needed additional emotional counseling due to the introduction of her father in her life. So the expense has went up.

Thank you so much, this has definately made me think twice about ever signing up with the CS services for enforcement. I think I like my chances better in front of the judge, where she can make him accountable.