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    flower49's Avatar
    flower49 Posts: 1, Reputation: 1
    New Member
     
    #1

    Jan 20, 2008, 12:05 PM
    Disabled parent
    If a man has been on ssi in n.j. all of his adult life due to nuerological impairment,learning disorders,adhd and conduct disorder can he be ordered to pay child support or be ordered to get a job?academic skills are at the 2nd to 4th grade levels.
    Wondergirl's Avatar
    Wondergirl Posts: 39,354, Reputation: 5431
    Jobs & Parenting Expert
     
    #2

    Jan 20, 2008, 12:19 PM
    Has he lived in a supervised situation all his life? How did he become a parent? How old is the child now?

    It doesn't sound like he's capable of holding a job. He has a lawyer?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #3

    Jan 20, 2008, 01:33 PM
    Quote Originally Posted by flower49
    if a man has been on ssi in n.j. all of his adult life due to nuerological impairment,learning disorders,adhd and conduct disorder can he be ordered to pay child support or be ordered to get a job?academic skills are at the 2nd to 4th grade levels.

    Doesn't the child receive SS benefits through the father? Or is that another scenario?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #4

    Jan 20, 2008, 01:41 PM
    No one can force someone into a job. And it sounds like he wasn't competent to understand that he might father a child which would inhibit the child support argument.
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
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    #5

    Jan 20, 2008, 04:42 PM
    No, his ssi cannot be touched. A friend of mine tried that and she lost as he was on ssi and no job. Judge told her no.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Jan 21, 2008, 07:48 AM
    Quote Originally Posted by twinkiedooter
    No, his ssi cannot be touched. A friend of mine tried that and she lost as he was on ssi and no job. Judge told her no.

    Hmm - looked up the law and it says: "Generally, Social Security benefits are exempt from execution, levy, attachment, garnishment, or other legal process, or from the operation of any bankruptcy or insolvency law. The exceptions are that benefits are subject: (1) to the authority of the Secretary of the Treasury to make levies for the collection of delinquent Federal taxes and under certain circumstances delinquent child support payments; and (2) to garnishment or similar legal process brought by an individual to enforce a child support "
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #7

    Jan 21, 2008, 07:58 AM
    He can be ordered to but enforcing that order is a different issue. Generally SSI is exempt from garnishment. Of course, if you are the "man" who is the subject of this thread, the fact that you had the presence of mind to engage in sexual relations with a woman and impregnate her and have the presence of mind to post such a thread suggests that your "disabilities" aren't as extensive as you suggest and you may very well be capable of holding down a job and paying child support! Also bear in mind that NJ is one of the toughest states, if not the toughest state, when it comes to child support enforcement and I know this from direct personal experience. Now, if you are the woman in question where this thread is concerned then you need to find out as much about this man's background and "disabilities" as you can. Finally, if you are a disinterested third party asking this question on behalf of the father- or mother-to-be, you can pretty much disregard all but the first two sentences of this post!
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #8

    Jan 21, 2008, 08:10 AM
    No one can force someone into a job.
    Not so fast, Scott. I've heard judges order defendants to get jobs before.
    And it sounds like he wasn't competent to understand that he might father a child which would inhibit the child support argument.
    It's going to be tough to get this argument to fly too, especially in the great state of NJ! Otherwise any father-to-be who doesn't want to be could use this argument. Hell I'd have used it myself!
    s_cianci's Avatar
    s_cianci Posts: 5,472, Reputation: 760
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    #9

    Jan 21, 2008, 08:16 AM
    JudyKayTee agrees: Question - is it difficult to get an order of support in NJ or difficult to enforce it? The section reads almost that it is automatic if there's an order - ?
    On the whole it's not difficult to either get or enforce a child support order. But I was referring to this particular case when I spoke of the enforcement part. If the man in question is as "disabled" as the original post suggests then trying to enforce it would be a moot point if he is in fact unemployable due to limited mental capabilities ; trying to get blood out of stone, as they say. But, as you, excon and I all pointed out, when one "reads between the lines" in the original post it casts some doubts as to just how "disabled" the father-to-be is.

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