SS Retirement/Dependent Child/Non-Custodial Parent


#1

Existing Consent Order of 2008 based $400/mo child support w/both parents earning exactly the same income ($32K) and custody divided as: non-custodial father every other weekend ‘visitation’ w/split vacation days. Then after 8 years of high conflict custody Hearings, all contact w/child by non-custodial parent was terminated. This should change shortly after Psychiatric reporting (of parents and child) to the Court. So, as non-custodial parent begins SS retirement payments January 2017, son will also receive $485/mo SS dependent payments. Current income of non-custodial parent declined dramatically, while custodial parent’s increased, so without going to Court again (non-custodial parent was pro se due to finances) can SS dependent payments received by son, now based on non-custodial parents past earnings, offset our Court ordered child support? In this case, the $485/mo Dependent benefit our child will now receive is paid by my (the non-custodial parent) retirement benefit account, and as that $485/mo payment exceeds the existing Consent Order support payment, need I send the stipulated $400/mo? Additionally, based on current NC income child support guidelines, the maximum payment the non custodial parent currently would be ordered to pay is approximately $200/mo. My income (non-custodial parent) fell off a cliff, been in Construction 45 years now 62yoa.


#2

It’s possible that the SS payments the child will receive can offset the $400/mo. child support order however, that will be up to the judge to decide and rule on. If your 2008 child support order is still a valid order (there is no order modifying it or ending it), then you must continue to pay the $400/mo. in accordance with the order.

You can file a motion to modify the current child support order based on the fact that it has been more than three years from the current order and because of the parents’ income changes since 2008 and the SS payment.


#3

Thank you for your response. In it you say “If your 2008 child support order is still a valid order (there is no order modifying it or ending it), then you must continue to pay the $400/mo. in accordance with the order.” During the month of February 2014, a four day Hearing was held, again arguing custody modification along with my Motion for appointment of a Parenting Coordinator (both of which were denied.) I was pro se, my ex with a paralegal, trial attorney, and ‘expert witness’, yet no decision was issued for over a year (eventually in March of 2015 an “Order for Modification of Custody and Denial to Appoint a Parenting Coordinator” was issued.) Now, after reading your response and reviewing this Order, I can not locate any reference to payment of child support or that any terms and conditions from the 2008 Order remain in effect. I’ve sent $400/mo regularly despite my drop in income and using credit cards to help pay it. January 2017 begins our son’s Dependent Children’s payments from my S.S. retirement fund for $485/mo. So can the newest Order (March 2015 Modification of Custody Order…) by specifically not mentioning child support or referencing any prior Orders I pay any, ‘modify’ the 2008 Order (as you referred to in your response)? Please note, my S.S. (retirement) payment to Dependent Children is more than NC State Guidelines and even our past C.O. demanded.


#4

If child support and child custody were addressed in the same original order, and a new order was issued addressing only a modification of custody, then the child support portion of the original order is still likely a valid court order and you will have to continue paying according to that order. This is because there is no order after the 2008 order that addresses child support in any way.


#5

When a non-custodial parent Files a Motion (pro se) to BOTH reduce his direct payment, yet yield a substantial net increase in child support payments (well above NC Guidelines to the custodial parent) are there rational reasons such a Motion be denied? Here, the non-custodial parent’s significant loss of income forced him to File such Motion (in 2016 for a Hearing in 2017) as he can no longer afford the 2008 CO amount. I offered this scenario to my ex so we need not argue in Court, but her response seems to have her lawyers argue for substantially more than I can afford and NC Child Support Guidelines state. So, in general, does common sense prevail in such cases, or is it thrown out the window in NC Family Courts for the parent who cannot afford a lawyer? Factually, payments will increase to $685/mo to the custodial parent, from the non-custodial parent on SS earning under $15K/yr.


#6

A motion to modify child support will be denied if there has not been a substantial change in circumstances affecting the wellbeing of the child/children. A substantial change in circumstances is presumed when at least 3 years have passed since the entry of the current child support order and at least a 15% difference in the current child support payment and what the new amount would be based on the current incomes of the parents.

A substantial change of circumstances can also be an involuntary decrease in a parent’s income, increase/decrease in a child’s needs, etc.

You should not be treated any differently in court whether you have a lawyer or you are representing yourself.


#7

Ex refuses to disclose amount of my SS Dependent Child payment she is now receiving. Need I subpoena this information, and if so from whom? I can not imagine the time required to do so from the government, or the paper work required. Thank you.


#8

You should be able to obtain that information from the social security office without a subpoena. Your child support agent may also be able to obtain that information, but your better bet would be the social security office.

Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations


#9

I’ve accessed my SS account via both the web and phone, but SS refuses to
provide it stating it is ‘classified to the recipient.’ So, because I
specified my ex as the recipient of my funds, I am not entitled to such
info. We also have no ‘child support agent’ as I’ve paid directly to my ex
all required payments from 2008 (date of separation) onward.


#10

If an Order by the Court demands a Plaintiff to gain a Psychological evaluation at significant expense (representing a significant portion of Plaintiff’s income which has changed due to retirement since last Hearing) can a Plaintiff be forced to go into debt to provide such for the Court? Plaintiff is already in debt from providing ED to Defendant.


#11

A party must follow a court order however, a party can show the judge that a certain requirement in the order would place an undue hardship and financial burden on that person and that person does not have the ability to comply. It is up to the judge whether or not to amend his/her order. But until changed by the judge, a court order remains in full force and effect.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#12

My son, after ten years of running away from his Mother (to get here) along with failing grades and chronic suspensions from every School he’s attended, told his Mother (upon reaching 15 yoa) that he’s not returning to her home and will live here full-time. His Mother and I then composed a new Consent Order giving me sole physical custody, with joint legal custody. He has virtually no physical contact with his Mom, this trip to Washington being unusual. We agreed she pay $75/mo child support because I felt she’d litigate if I asked for more. (I retired at 62yoa so our son gets $500/mo under my retirement account) Our son has been here one year, where I drove him (the past year) over 500 mi/wk so he could stay in the School he was accustomed to where he’d lived with her the past ten years, but is now attending one in our neighborhood. One concern I have is that he’s already taken Drivers Ed and may gain his license early year. This will exponentially increase my monthly Insurance/gas/repair costs, as have my food, clothing, stipends for his activities, and home utility costs. Recently his Mother asked me to contribute to a trip she will take him on this weekend along with buying him clothing. My response was it’s your private trip with our son, and as you’re only paying $75/mo it seems the least you can do is buy him some clothes (I paid $400/mo despite earning under half her income). So as his new School year began I gave him money to purchase clothing without speaking with his Mother. She provides his Health Insurance and keeps the reimbursed funds for his care, while I pay half the full bill. Her income is now well over three times mine, while I’ve assumed all his costs as described herein. I begin to have concern that when his Drivers License quadruples my monthly insurance costs and/or he gets a ticket or accident on my Insurance plan, I will have no ‘cushion’ to carry him until he’s 18 yoa, College attendance or not. There is no stipulation for College costs in our current Order. The stress of dealing with her and her lawyers attacking me via lies, manipulation of fact and character assassination once again, coupled with the stress of ‘combat’ pro se in Court, do not make me eager to ask a Court for help. Based upon these facts, what would you recommend is best for our son? I asked she spend a little for his clothing, gas, and incidentals, without success.


#13

If there has been a substantial change in circumstances since the entry of the original child support order, then you can file a motion to modify the child support amount and ask that it increase. The mother is not likely to reach an agreement with you out of court to modify the child support order with an increase in the child support obligation.

You can get access to a library of legal forms and communicate with an attorney through our Rosen Online Service. This service only costs $199/month, and could be a great resource for you to handle this child support issue without spending thousands of dollars retaining an attorney.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.


#14

Thank you for your response, this service is unique and I appreciate it. What would you charge to deal with her attorney in asking reasonable support be provided (Judge Denning/Wake Co Court)? My son qualifies for Medicaid based on my income, and has in-home intensive Counseling taking place now under it. I cannot afford more stress and hostility from her under the circumstances as his issues are considerable given that he arrived here dysfunctional in most respects (but has begun doing better recently). Based on our incomes, what are the chances she can pay for his legal representation or that it will be increased? Is there a government agency that will take this up on our son’s behalf? Thank you again, Bob


#15

You would need to meet with one of our attorneys for an initial consultation so that attorney can talk with you about your situation more in depth and be able to determine the appropriate fee. You can call (919) 787-6668 to schedule an initial consultation.


Anna Ayscue

Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest

Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here

The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.