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    aqueoustwin's Avatar
    aqueoustwin Posts: 1, Reputation: 1
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    #1

    Jul 28, 2012, 08:29 AM
    I'm on ssi , do I pay child support?
    I'm on ssi, so my ? Is can I be forst to pay child support?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Jul 28, 2012, 09:30 AM
    Quote Originally Posted by aqueoustwin View Post
    im on ssi, so my ? is can i be forst to pay child support?

    In a word - yes.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #3

    Jul 28, 2012, 09:59 AM
    Quote Originally Posted by JudyKayTee View Post
    In a word - yes.
    In a word-no.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jul 28, 2012, 10:18 AM
    Quote Originally Posted by GV70 View Post
    in a word-no.

    In a word, why?
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #5

    Jul 28, 2012, 04:05 PM
    Quote Originally Posted by JudyKayTee View Post
    In a word, why?
    In some words-because even there is an existing child support order, SSI cannot be garnished and if there is no an existing order then the child support will be determined as zero $
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #6

    Jul 28, 2012, 05:04 PM
    Quote Originally Posted by GV70 View Post
    ... because ... SSI cannot be garnished ...
    That was not the question. OP asked if he/she could be "forst" to pay CS. If SSI cannot be garnished, there is more than one way to force the recipient to support his/her children. A contempt order comes to mind.

    And, as far as I know, no state CS formula specifies that SSI will not be counted as income.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #7

    Jul 29, 2012, 12:26 AM
    Quote Originally Posted by AK lawyer View Post
    That was not the question. OP asked if he/she could be "forst" to pay CS. If SSI cannot be garnished, there is more than one way to force the recipient to support his/her children. A contempt order comes to mind.

    And, as far as I know, no state CS formula specifies that SSI will not be counted as income.
    Let's see the Federal laws:


    Sec. 207. [42 U.S.C. 407] (a) The right of any person to any future payment under this title shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this title shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.

    SSI benefits are not subject attachment for the purpose of spousal support or child support.
    Quote Originally Posted by AK lawyer View Post
    And, as far as I know, no state CS formula specifies that SSI will not be counted as income.
    As far as I know 42 states have CS guidelines and formulas that specifies SSI will not be counted as income for child support calculation.I am not sure about the other 8 but I am willing to think that they have similar rules.
    Let's start with Alaska:
    http://courts.alaska.gov/forms/dr-310.pdf
    In order to set child support, the court must attempt to predict the parties' income for the foreseeable future. The best indicator of that is usually the parties' current income and most recent past income. However, if you believe your future income or the other parent's future income will be significantly different from current income, you should state expected future income and attach an explanation justifying it to the court.
    Be sure to include all sources of income, whether they are listed on the form or not. Please read section III of the commentary to the rule on pages 33-35 for a list of many of the sources of income you should consider. Do not include ATAP (Alaska Temporary Assistance Program), SSI (Supplemental Security Income) or Food Stamps.

    Public Web
    If a parent's only income is SSI, that parent cannot be forced to pay child support. Some courts may still enter a child support order, but will not enforce that order. Generally, however, a court should not enter a child support order against a parent whose only income is SSI. The Child Support Guidelines[B] specifically say that SSI is not counted as income on the child support worksheet.


    There are two types of Social Security benefits that a person can receive: Social Security Income (SSI) or Social Security Disability (SSD).

    Social Security Income (SSI) is considered to be a means-tested benefit. A government benefit is ?means-tested? If the eligibility for the benefit or its amount is determined on the basis of the income or the resources of the recipient. Therefore, SSI benefits are not considered to be income to the recipient for the purposes of determining a child support award.

    Social Security Disability (SSD) payments consist of the money which an employee has earned during his employment and which was paid for the employee?s benefit into a common trust fund under the Social Security Act. The purpose of SSD payments is to replace income that is lost due to the employee?s inability to work after becoming disabled. Therefore, SSD payments are considered as a substitute for earned income and constitute a non-means-tested benefit. SSD payments are therefore considered to be income under the child support guidelines.

    Quote Originally Posted by AK lawyer View Post
    A contempt order comes to mind.
    It would be wonderful if we might to see a single case where a non-custodial parent was jailed while he was on SSI.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
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    #8

    Jul 29, 2012, 01:50 AM
    Quote Originally Posted by JudyKayTee View Post
    In a word, why?
    Because...
    N.Y.Domestic Relations Law 240
    DRL 240: Custody and child support; orders of protection

    2. DEDUCTIONS FROM INCOME



    From the total income, DRL 240 1-b(b)(5)(vii) provides that the following deductions are to be made.

    Certain unreimbursed employee business expenses
    Maintenance paid to a spouse not a party to the current action for child support, but only if there is a court order or properly written agreement
    Maintenance paid to a spouse who is a party to the current action, but only if there is an existing order or a properly written agreement
    Child support paid pursuant to a court order or properly written agreement to a child who is not part of the pending action
    Public assistance
    Supplemental security income
    New York City or Yonkers income or earnings taxes actually paid
    Federal insurance contributions act (FICA) taxes.

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