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    visink's Avatar
    visink Posts: 18, Reputation: -1
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    #21

    Aug 13, 2012, 04:45 PM
    By the way, I am autistic. I am able to communicate much better in text than I am face to face but I still have the tendency to go off and be rude without knowing it. If I have done this it was unintentional and I do apologize.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #22

    Aug 13, 2012, 04:49 PM
    Quote Originally Posted by visink View Post
    Some questions I have for people that are interested in their disabled ex's SSI. Why? Why do you want to take considerably less than a "living wage" away from a disabled person? Are you mad at them? Would you be doing this to someone you liked? Why do you want this person more miserable than they already are? Do you want them on the street? Do you want them to commit suacide? Get into drugs and have to rob and steal to survive? All I'm saying is think about your motives, and the effect you are having on people. Sure, a perfectly able minded and bodied person should be able to provide support to their child but people who cannot work due to a disability are not able to do this. Apply for benefits for your children. The SSA has made provisions for this exact situation. Your ex owes you 10 bazillion dollars in back support? So what. They probably owe plenty of other people money too. It's not about who owes what and why I deserve this and you should be accountable for that. It's about being a decent human being.

    This is a question and answer site about the law. What is your question or your answer. I see a lot of venting and absolutely no sources.

    I find your post to very dramatic, but I don't think anyone thinks: "suacide? Get into drugs and have to rob and steal to survive? " I am not aware that anyone is driven into drugs because of inability to support children. In fact, I don't see where that makes sense. Enlighten me, please.

    And "suacide"? I don't see that, either.

    People need to go back to Court with PROOF and argue their side of things. The other side of the coin is that children need to eat, have shelter, wear clothing. Who do you think should provide those basics when the parents either can't or won't?

    Do you know why the majority of the population doesn't have children they can't afford to support? Because they can't afford to support them. I see post after post where a parent is too disabled to support a child but wasn't so disabled that he kept his pants zipped. Were you autistic when you were having sex with the mother or is that condition something new?

    If you want to argue about who should support your child, open a discussion thread. If you want to discuss the law, post your sources.

    I have no idea what you are arguing - I'm not sure that you do, either.
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    visink Posts: 18, Reputation: -1
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    #23

    Aug 13, 2012, 04:57 PM
    Quote Originally Posted by JudyKayTee View Post
    This is a question and answer site about the law. What is your question or your answer. I see a lot of venting and absolutely no sources.

    I find your post to very dramatic, but I don't think anyone thinks: "suacide? Get into drugs and have to rob and steal to survive? " I am not aware that anyone is driven into drugs because of inability to support children. In fact, I don't see where that makes sense. Enlighten me, please.

    And "suacide"? I don't see that, either.

    People need to go back to Court with PROOF and argue their side of things. The other side of the coin is that children need to eat, have shelter, wear clothing. Who do you think should provide those basics when the parents either can't or won't?

    Do you know why the majority of the population doesn't have children they can't afford to support? Because they can't afford to support them. I see post after post where a parent is too disabled to support a child but wasn't so disabled that he kept his pants zipped. Were you autistic when you were having sex with the mother or is that condition something new?

    If you want to argue about who should support your child, open a discussion thread. If you want to discuss the law, post your sources.

    I have no idea what you are arguing - I'm not sure that you do, either.
    I was talking about the effects of a disability. How homelessness is prevalent among those living on SSI as their sole means of support. How drug addiction is universally found among the homeless population. ETC. If I have violated any terms of service of this web site, I will gladly retract my post, but if I haven't, please do not tell me what I can and cannot write.
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    visink Posts: 18, Reputation: -1
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    #24

    Aug 13, 2012, 05:03 PM
    I have certainly been autistic since birth. Disability has nothing do do with love and sex. People with disabilities are just that people. They too need love and companionship and may have sex. Autism is no exception. I am not surprised you do not understand these concepts, most people do not.
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #25

    Aug 13, 2012, 05:11 PM
    Quote Originally Posted by visink View Post
    I have certainly been autistic since birth. Disability has nothing do do with love and sex. People with disabilities are just that people. They too need love and companionship and may have sex. Autism is no exception. I am not surprised you do not understand these concepts, most people do not.

    Oh, I was married to a man - now deceased - who had very serious health problems. I'm the last one you should be preaching to.

    So - were you on SS or SS when you were having sex with the mother of the child? If so, who did you think was going to support your child?

    100% the woman who had sex with you?

    100% the taxpayers?

    Do not even attempt to preach to me - I have no problems with the "disabled people" (the way you chose to describe yourself) who need love and sex. I DO have problems with those same people who chose not to support their children.

    I'm waiting for your research on the people who are forced into drugs by their inability to support their children - or whatever you are talking about.

    I actually worked drug enforcement. Your interpretation of the homeless/drug problems is completely backwards. Drugs cause people to become homeless. Homeless people can't afford drugs. Homeless people don't do drugs by virtue of being homeless. Please post your research.

    I have no problem with "disabled people" (again, your description for yourself) who need sex and love. I do have a problem with "disabled people" who "need" children - and expect everyone else to pay for them.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #26

    Aug 13, 2012, 05:18 PM
    Quote Originally Posted by visink View Post
    I called them and asked. How much more specific do you need?

    I need the law, not "he said, she said." I have no idea what you asked. I have no idea how SS answered.

    So - post the law OR move your "moral" argument to a discussion board.
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    visink Posts: 18, Reputation: -1
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    #27

    Aug 13, 2012, 05:37 PM
    Quote Originally Posted by visink View Post
    I was talking about the effects of a disability. How homelessness is prevalent among those living on SSI as their sole means of support. How drug addiction is universally found among the homeless population. ETC. If I have violated any terms of service of this web site, I will gladly retract my post, but if I haven't, please do not tell me what I can and cannot write.
    I can't believe I just quoted myself. But apparently you are unwilling to read what I have written above, so here you go. READ IT this time. I didn't say supporting your children causes blah blah blah. I said exactly what is directly above what I am writing here. Seriously, try reading it.

    You working in drug enforcement does not impress me in the least. In fact it has quite the opposite effect. Now I know why you are so closed minded and can't see outside yourself. You have been conditioned to be that way.
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    visink Posts: 18, Reputation: -1
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    #28

    Aug 13, 2012, 05:39 PM
    Quote Originally Posted by visink View Post
    Actually no it can't and wont. SSI is ungarnishable by anyone but social security to pay back over payments and the IRS to pay back taxes. That is a fact. Source: The social security administration.
    Again with the quoting myself. This is exactly what the social security administration said.
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    JudyKayTee Posts: 46,503, Reputation: 4600
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    #29

    Aug 13, 2012, 05:40 PM
    Quote Originally Posted by visink View Post
    I can't believe I just quoted myself. But apparently you are unwilling to read what I have written above, so here you go. READ IT this time. I didn't say supporting your children causes blah blah blah. I said exactly what is directly above what I am writing here. Seriously, try reading it.

    You working in drug enforcement does not impress me in the least. In fact it has quite the opposite effect. Now I know why you are so closed minded and can't see outside yourself. You have been conditioned to be that way.

    I wasn't trying to impress you - or anyone else. I have asked you to quote your source that homelessness needs to drug addiction, not that drug addiction leads to homelessness.

    You can attempt to insult me all you want - it says a lot more about you than it does about me.

    Again - the law is about facts. You are on a legal board. Post facts, not insults, not your "opinions."

    I'm not the least bit surprised you keep quoting yourself - you appear to be your only resource.

    And I'm not the least bit surprised that you are anti-drug enforcement.

    In fact, my employment allowed me to support myself and my (step) children, a concept which is apparently very foreign to you.
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    visink Posts: 18, Reputation: -1
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    #30

    Aug 13, 2012, 05:41 PM
    If you need further verification, just call them and ask them yourself. Can SSI payments or the lump sum be garnished to pay back child support debt. It's really that simple.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #31

    Aug 13, 2012, 05:47 PM
    Quote Originally Posted by visink View Post
    If you need further verification, just call them and ask them yourself. Can SSI payments or the lump sum be garnished to pay back child support debt. It's really that simple.

    No, this is called Ask Me Help Desk, not "Call them and see if I know what I'm talking about."

    Again - if "someone" gave you the information it can't be a secret. Post the law.
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    visink Posts: 18, Reputation: -1
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    #32

    Aug 13, 2012, 05:49 PM
    I am sorry if you felt insulted, I am not trying to insult you. That would be pointless. I have to apologize for this almost daily. I am a high functioning autistic. That is to say I am a person with average or above average intelligence that has a difficult time with communication. For some reason I tend to state things without recognizing what impact that statement might have on someone. Uninformed people view me as sometimes inappropriate, abrupt and rude. It is not something you should take personally. That was the intent of telling people I was autistic in the first place. To tell them to not take what I say personally as difficult as that may be.
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    visink Posts: 18, Reputation: -1
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    #33

    Aug 13, 2012, 05:53 PM
    I didn't look up the law. I called an authority and asked them what the law was and then I posted it. I can't obviously post a recording of the phone conversation as that would be illegal. I stated the information along with a source. You questioned my source so I elaborated. I'm not sure what else you require.
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    visink Posts: 18, Reputation: -1
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    #34

    Aug 13, 2012, 05:56 PM
    QUESTION 9: Are Social Security Income (SSI) benefits subject to garnishment?

    RESPONSE 9: No. Supplemental Security Income (SSI) for the aged, blind, and disabled pursuant to title XVI of the Social Security Act are not subject to garnishment; see 5 CFR §581.104(j).

    From this website.

    PIQ-09-01, Garnishment of Federal Payments for Child Support Obligations
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    visink Posts: 18, Reputation: -1
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    #35

    Aug 13, 2012, 05:59 PM
    Title 5: Administrative Personnel
    PART 581—PROCESSING GARNISHMENT ORDERS FOR CHILD SUPPORT AND/OR ALIMONY
    § 581.104 Moneys which are not subject to garnishment.
    (j) Supplemental Security Income (SSI) payments made pursuant to sections 1381 et seq. of title 42 of the United States Code (title XVI of the Social Security Act).
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #36

    Aug 13, 2012, 06:09 PM
    Quote Originally Posted by visink View Post
    § 581.104 Moneys which are not subject to garnishment.
    (j) Supplemental Security Income (SSI) payments made pursuant to sections 1381 et seq., of title 42 of the United States Code (title XVI of the Social Security Act).

    I'm done playing with you - the info you chose to share is of no help whatsoever. I realize you just don't "get it."

    Maybe it's part of your autism; maybe it isn't. I have no idea, but this is going nowhere.
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    visink Posts: 18, Reputation: -1
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    #37

    Aug 13, 2012, 06:19 PM
    That took me 2 minutes of "googling" to find that information. I'm not sure why all your "research" didn't yield the same results. That information is EXACTLY what you asked me to share, not what I chose to share. It DID go somewhere. I did exactly what you said and you are still arguing with me. I even provided a link so you can go look for yourself. I have a feeling you just don't like to be wrong.
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    visink Posts: 18, Reputation: -1
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    #38

    Aug 13, 2012, 06:32 PM
    Intellectual disability and homelessness - Mercier - 2011 - Journal of Intellectual Disability Research - Wiley Online Library
    http://www.nationalhomeless.org/fact.../addiction.pdf
    http://www.nationalhomeless.org/publ...al_Illness.pdf

    In many situations, however, substance abuse is a result of homelessness rather than a cause. People who
    Are homeless often turn to drugs and alcohol to cope with their situations. They use substances in an
    Attempt to attain temporary relief from their problems. In reality, however, substance dependence only
    Exacerbates their problems and decreases their ability to achieve employment stability and get off the
    Streets. Additionally, some people may view drug and alcohol use as necessary to be accepted among the
    Homeless community (Didenko and Pankratz, 2007).

    Please let me know if you need more, though this should be enough.
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    visink Posts: 18, Reputation: -1
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    #39

    Aug 13, 2012, 07:38 PM
    For anyone who want's to know what federal payments can and cannot be garnished for child support here is an outline in pdf format from the US Department of Health and Human Services, Administration for Children and Families Website.

    http://www.acf.hhs.gov/programs/cse/...piq-09-01a.pdf
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #40

    Aug 14, 2012, 05:37 AM
    "Disability can strike anyone at anytime and that includes parents. Many parents are finding themselves disabled and unable to work. For someone who is divorced or separated from the custodial parent of their child, this may mean they are responsible for paying child support. There are some special considerations when it comes to social security disability and child support. It's important that those affected understand this completely. There are two types of social security disability. One is SSDI and this is restricted to individuals who have worked and now find themselves disabled. The other is SSI which is a form of benefit for individuals who have never worked. The latter is often viewed as a form of social assistance.

    If a parent is on SSDI and is responsible for paying monthly child support payments, there is a chance that the payment can be taken from their SSDI proceeds. In order for this to happen, the custodial parent must prove that the disabled parent hasn't been making their child support payments. The claimant's SSDI payment can then be reduced to reflect the payment being removed and sent to the custodial parent.

    In the case of SSI, the custodial parent has no right to any of the proceeds from the disability benefits. They can also not have any back payments they may be entitled to, taken for this reason. That's not the case with someone on SSDI though. If they have been unable to make their child support payments for several months because of the appeal process related to their disability claim, they may have see their back payment handed directly over to cover the missed child support payments. They opposing spouse will typically retain a lawyer who will file the necessary documentation to ensure that happens.

    Claimants would do well to note that when they initially apply for SSDI benefits they are asked to provide any pertinent information about dependent children. This is vitally important because the children of someone who is eligible for SSDI payments may also receive a benefit. In the case of a parent who owes child support, there are some states in which this SSDI payment made directly to the child covers or offsets the child support payment that is required by law.

    If a claimant is unsure about their rights in regard to their SSDI and their child support obligations, consulting with an attorney is a wise idea. Although it's incredibly important that the claimant live up to his or her parental responsibilities, it's also imperative that they understand what rights they have in regards to this. SSDI can be a complicated process in itself and when combined with the issue of child support, having legal guidance is always a good thing." Social Security Disability And Child Support | Social Security Appeal

    This is a private site but very well written and researched - worth the read.

    I think this is the end!

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