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clu65 · Sep 6, 2013, 05:19 PM

Similar to others on this forum, the obligor in my case ran to California; then New York; then Florida. I provided my caseworker, my representatives, even the governor with his addresses and telephone numbers. When he was incarcerated they said jail was not a legal address and could not serve him. I have now been given a letter that says he receives disability from Social Security, but has a representative receive his checks because he was found incapable of handling his finances. I called SS and asked why these payments were not being garnished as ordered by the child support order. They told me were not interested in any fraudulent activity. The letter I have is from them, so I know it is legitimate.
Hmmm. This has been going on for 13 years and is not the first time he came into a legitimate income and wouldn't get garnished like he is supposed to. My total arrears amount due is now $183,366.33. Not a typo. Would love to SUE. My caseworker has had over 3510 business days with my case and called me ONCE, and that was to tell me Riker's Island was not a legitimate address. And she has been promoted and likely makes over $80,000 even $90,000 a year (saw their incomes online). Can I sue?

N0help4u · Sep 6, 2013, 05:28 PM

1. You need to file with SS for your kids to receive a supplemental check if it is SSD he is on.
2. When he is in jail his checks are suppose to be suspended.

clu65 · Sep 6, 2013, 05:32 PM

Originally Posted by N0help4u

1. You need to file with SS for your kids to receive a supplemental check if it is SSD he is on.
2. When he is in jail his checks are suppose to be suspended.

Thank you! Will go back to SS!

clu65 · Sep 6, 2013, 05:34 PM

Wait! The kids are now over 18. Can they still get his SS disabilty? Never mind, they cannot per their site. Of course. No wage garnishment, no benefits. Clearly he waited to collect SS so he could collect it without sharing. He's so smart.

N0help4u · Sep 6, 2013, 05:39 PM

Oh no. you are out of luck. I thought they were in their teens. AND I doubt suing any of these workers will go anywhere. They stick together. I think at this point all you really can do is make SS aware he is in jail and collecting.
I THINK you can go after back support but like getting blood from a stone.

cdad · Sep 7, 2013, 05:40 AM

Originally Posted by clu65

Wait! The kids are now over 18. Can they still get his SS disabilty? Never mind, they cannot per their site. Of course. No wage garnishment, no benefits. Clearly he waited to collect SS so he could collect it without sharing. He's so smart.

Are the children in college? Is the benefit he is receiving from SSi or SSd ? If SSi then they can't get anything from it nor can you. If SSd then there may be a possible chance of garnishment of some kind and if the children are in college they may qualify for a benefit also during continuing education.

ScottGem · Sep 7, 2013, 08:13 AM

While feel for you, yes, deadbeat dads can beat the system. But look at it this way. Think about the life he has lead to avoid paying support, constant moving, menial jobs, jail time, etc. I know its small comfort, but it may be some.

But no, you cannot sue because of the inability of the state to collect support.

Fr_Chuck · Sep 7, 2013, 08:48 AM

And often, a person will need to hire their own attorney to have service done for court, ( year jail is a legal address) but a case worker has several 1000 cases often, and unless it just clicks in the computor has little time to do much. Esp for out of state.

Why are were you not using an attorney and filing your own motions ?

clu65 · Sep 8, 2013, 02:52 PM

Hello! I did have a lawyer who filed so many motions for me years ago. Since then I can't do much with him out of state. He calls and writes the kids now, but it's true, he hasn't much of a life. I get to share food with my kids; laugh with them; try to keep steering them straight. I may have a car and a place to live that I pay for; he gets food and shelter courtesy of us taxpayers. Thanks, everyone!!

ScottGem · Sep 8, 2013, 03:02 PM

I think this is a little considered aspect of deadbeat dads. It is not hard to beat the child support system if you are willing to live a life like I described. But that is its own punishment for abandoning your children.

And I commend you for seeing that and taking comfort, however small, from it.

N0help4u · Sep 8, 2013, 03:28 PM

My neighborhood is full of deadbeat dads. They do a little time in jail and then they go live with friends or parents. IF they work it is under the table.