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haikou · Feb 25, 2008, 01:11 AM

I am disabled (ssid), permanently. Child support is automatically deducted from my disability of $800.00 each month. The amount deducted is $50. Ssi office says they can not remove that obligation. But Idaho law reads that if a child is over the age of 23 , then any amount owed is waived. My son is now 30 years old. Oregon told me that I will be paying child support on my son till he is 68 years old. If I file on my own to get the child support amount waived, who takes precedent the Federal government or Idaho state law?

susangpyp · Feb 25, 2008, 04:32 AM

Owing back support usually cannot be waived. Why do you think federal law applies? Child support is a state action.

I don't know your situation but my GUESS is that your arrears is so high that you will be paying a long time. I doubt very much that you are paying for a 30 year old currently. 23 is usually the cut off date for CURRENT child support obligation... you are probably paying back support (again, this is a guess) and you cannot waive back support.

excon · Feb 25, 2008, 07:23 AM

Originally Posted by haikou

ssi office says they can not remove that obligation.......

Oregon told me that I will be paying child support on my son till he is 68....

who takes precedent the Federal government or Idaho state law?

Hello h:

You're making several mistakes here. First off, you're getting your legal advice from bureaucrats. Don't do that. They don't know the law, and are not looking out for YOUR interests.

Next, you're asking the wrong question. Who cares what law takes precedent? You're still going to need someone to DO something about it once you find out what the law is. Certainly, the SSI office isn't going to lay down for you because you got some priest and an exconvict you found on the internet telling you what the law is. Nope, that's not going to happen.

Not only do you need to know what your rights are, you need an advocate to represent you who knows how to secure 'em.

excon

susangpyp · Feb 25, 2008, 11:34 AM

A priest? Did he say he talked to a priest? I'm confused.

I agree he needs to talk to a lawyer but I think that a very basic knowledge of the law is missing here that he needs to understand.

cdad · Feb 25, 2008, 04:12 PM

Just FYI.. I believe Federal Law supercedes State law. But that doesn't mean someone hasn't found a loophole in it somewhere. You really need a Family Law Lawyer to tell you what is and isn't in your state.
And excon.. I still liked reading what you wrote.. made me laugh.. lol

susangpyp · Feb 25, 2008, 04:28 PM

Federal law trumps state law where state law is more lax but state law can be more restrictive than federal. In other words, federal is the minimum... but states can be stricter than federal law. Child support is typically a state issue.

haikou · Feb 25, 2008, 06:39 PM

Originally Posted by susangpyp

Owing back support usually cannot be waived. Why do you think federal law applies? Child support is a state action.

I don't know your situation but my GUESS is that your arrears is so high that you will be paying a long time. I doubt very much that you are paying for a 30 year old currently. 23 is usually the cut off date for CURRENT child support obligation...you are probably paying back support (again, this is a guess) and you cannot waive back support.

You are right, I am not currently paying for him as he is over the age of 23. And the amount is high and in arrears. The arrears have caused a lien to be placed on any tax refund . I can't work, but my new wife (not the mother of my son) does and should get a refund this year, or so I thought ,until I checked with the IRS and even though she never raised him, the IRS will re-route her refund to the child support agency in Oregon if I file jointly. SO, my strategy for the future is claim 6 exemption of her W2 and for just let the $50.00 deduction from my SSI ride.

Fr_Chuck · Feb 25, 2008, 07:38 PM

Sorry I think excon though I would have jumped in and answered by now.
Think I must be the priest he was thinkiing of, excon and I normally answer these types of questions.

I will be honest, beats me, there are federal garnishment guidelines, and then some states have stricter laws or adopt the federal rules.

thetoymaster1 · Oct 24, 2009, 05:03 AM

Well I care less about State or Federal laws when it come to child support. Don't get me wrong I gree dads and moms should pay child support, but why in the hell should someone that does have visitation rights and is disabled and their ex-wife keeps the kids hid from him (meaning my self) for OVER 16 years have to pay 1 dime of support? I hve 2 children, one that is 20 and 1 going to be 18 in November of 2009. I am totally disabled, which had been stated by doctor records. (am not going to go into what it is) And now child support wants to start inforcing my child support payments? I don't think so! Before I give that witch 1 red cent, I WILL COMMIT SUICIDE 1st. Think I am kidding, keep an eye on the news in Tennessee!!

tpage514 · Oct 24, 2009, 07:58 AM

That's sad: "And now child support wants to start inforcing my child support payments? I don't think so! Before i give that witch 1 red cent, I WILL COMMIT SUICIDE 1st. Think I am kidding, keep an eye on the news in Tennessee!!!" no matter what the situation is, that is just sad... it's only money, and your life should be more important than money. I, too, am paying arreas and I actually have custody of my 2 boys. My ex had them for 5 years and I accrued a crap load of back support, I didn't pay it because I didn't think my ex should have them, period. Well, that got me real far. Now, I have custody and I still have to pay my ex (which is a known crack head) from my hard earned paycheck. Doesn't matter though, my kids are with me, that's what counts!

stevetcg · Oct 24, 2009, 08:19 AM

First, please spare us the drama. This post is a year and a half old and you are not here to answer nor ask a question... just to whine about how bad your life it. This is a legal forum for legal advice. We don't care what you 'feel' or 'believe'. We are here to discuss the LAW. And if the law states you pay support, you pay support.

The kids were kept from you for one of two reasons... you didn't care enough to fight for them or you were found to be unfit. There is no other reason, period. So please take your complaints about your inadequacy elsewhere. This forum is for serious people with serious questions.

Edited to add: note this is directed at thetoymaster1.