[TWalters003]

My child support case is based in PA. Both parents live in PA. I have always had sole, legal and physical custody of the three children. On January 29, 2010, I received a notice of Proposed Modification from my Domestic Relations Section. This Proposed Modification stated my case met the following criteria under Pa. R.C.P. 1910.19(f). The court's intention was to set the obligation to a numerical value of zero due to a lack of verified income/assets and suspend the arrears stating there is no reasonable prospect that the obligor will be able to pay in the foreseeable future. The notice stated that I had 60 days to respond in order to disagree and request a hearing. I responded on February 14, 2010, both by fax (fax tramission confirmation "OK") and via regular mail as I have done previously to ensure receipt to the court. To my shock, I received a New Order dated April 6, 2010 which reduced all to zero without even considering my detailed motion contesting this action and ignoring my request for a hearing. Arrears totaled approximately 30k at this time. Incidentally, the obligor was in and out of jail between 2005 and 2007. He is your typical deadbeat dead who would rather evade and elude child support obligations by showing no income on the books when not incarcerated.
In February of 2009 the obligor had a serious heart attack. To my understanding, this led to him collecting SSDI benefits. Since the Order of April 6, 2010 was initiated reducing all to zero, my two oldest children are 19 and 18. They are both attending college full time and still live with me full time. My youngest is 13 yrs old. In addition, I lost my job in November of 2010 and was not awarded unemployment benefits until March 2011 and also was in an accident leaving my car totaled in March 2011. Needless to say, I am on the verge of bankruptcy myself due to this coupled by the lack of child support through the years. We try to remain optimistic. I have even facilitated on going back to college myself. Long story short, is there any way to legal obtain these large arrears from the obligor's SSDI. I am aware that my three children should be entitled to a monthly check and hopefully health insurance, which has also become an issue since the loss of my job and benefits. HELP... need some advice/direction. {e-mail removed}

[ScottGem]

1910.19(f) states:
(f) Upon notice to the obligee, with a copy to the obligor, explaining the basis for the proposed modification or termination, the court may modify or terminate a charging order for support and remit any arrears, all without prejudice, when it appears to the court that:

(1) the order is no longer able to be enforced under state law; or

(2) the obligor is unable to pay, has no known income or assets and there is no reasonable prospect that the obligor will be able to pay in the foreseeable future.

If you can prove that he is receiving SSDI benefits, then you need to file an appeal of the April 6 ruling providing proof of the income. Other than that, I don't know what else you can do.