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destined2b · Jan 4, 2014, 06:45 AM

There is a court order that was done in 2007, but as 12-10-2013 the payments have stopped because he claims SSI benefits. I am stumped... when he spoke to my daughter on Skype last week... he was perfectly fine. I know he just wants to get out of paying child support, but I don't know how to prove it. I summited a fraud report on him last night. He hasn't made an effort to see out daughter in the last 8yrs and keeps making all these excuses to why. He and his wife just bought a fairly new 4 bedroom house last year and he has tried to get out of child support numerous times... I think he has finally found a way out... what can I do? He and I live in 2 different states, but unknown to him... my daughter and I are moving back to the state he lives in. (and the money he did send every now and then did go towards our daughter... I have receipts to prove to the court).

Fr_Chuck · Jan 4, 2014, 06:54 AM

No need for receipts, what you do with the money from child support does not matter, go spend it on beer and movies, the court will not ask what you use it for.

Your issue will be to prove his income, who is paying for the house, where does that income come from. Get court order for bank records, income records and so on.

AK lawyer · Jan 4, 2014, 07:14 AM

The fact that he is on SSI is of no consequence. He was ordered to pay child support, end of story. If he wants to ask the court to reduce his child support, that would be another story.

stinawords · Jan 4, 2014, 09:29 AM

What state is the child support order in? Has he gone back to court since receiving the SSI? It is up to him to go back to court to have the support order changed because of the income change. Until then arrears are still accruing. Do you have any proof of other income of his? As for him not seeing your child that is his choice not to be involved. You can't force him to participate as a parent.

ScottGem · Jan 4, 2014, 09:43 AM

First, any question on law needs to include your general locale (and his) as laws vary by area.

Most states have agencies that help collect support. Have you tried working with the agency in the state where the order was issued? As AK, noted, he can't just decide to stop paying support. Only a court can reduce a support order. So, until the happens the amount he owes continues to build. If the house is in his name, even jointly, you may be able to file a lien on it.

So, the first thing I see that you need to do is get help from the state. Then go to court to find him in contempt for not paying the court ordered award. You will need to prove his income. Subpoenaing the bank records for the mortgage may help, but its possible his wife qualified just on her income. Also, just because he sounded all right doesn't mean he doesn't qualify for SSI. So don't make the mistake of thinking that there is fraud here. The Social Security administration is not easy to fool.

talaniman · Jan 4, 2014, 10:30 AM

http://www.ssa.gov/pubs/EN-05-10085.pdf

Research: Child Support Payments and the SSI Program

I would certainly file for my child to get benefits they are entitled to immediately, because I have no doubt SSI has already calculated his income and liabilities from his tax returns. Nowhere have I found his child support terminates, but it is mitigated in part by his benefits extending to his dependents.

Go file for your child, and that starts the process. Changes and adjustments can be made afterward, but start your case now. SSI can fully brief you on the process, and an attorney can also guide you thru it.

stinawords · Jan 4, 2014, 11:27 AM

Closing Cases when the Noncustodial Parents Receives SSI Benefits and is Unable to Pay Child Support | Office of Child Support Enforcement | Administration for Children and Families

Here is a link that shows questions addressed when the NCP is the one receiving the SSI. SSI is not counted as income when determining support to be paid when the SSI is received by the NCP. The second link provided by talaniman is helpful but deals with what happens with support when the child is the one receiving the SSI not the NCP.

Here is where what state the order is out of becomes the deciding factor. Indiana (where I am) does not count the NCP's spouces's income as the NCP's income. Such that in this case if the father's wife was able to purchase the house on her with out his name being attached then it does not count as his asset. Any money in her bank account is hers not his. That being said if the bank accounts are in both names then a lien for arrears can be attached to the joint account/s. The judge in the child support case can only determine support based on his income and if that income is only SSI then there would be no current support ordered (should the father go back to court to have it modified). Any arrears would still be owed but if he has no other income would remain uncollected unless his wife wants to pay it to get it off his record but that is up to her.

Now, with all that said, I'm pretty sure there are still other states such as California (though I may be wrong on that feel free to correct me if I remembered wrong) that do count at least a portion of the NCP's spouces's income as income of the NCP. Meaning that the father's current wife's income is also seen as his income so that could be used to calculate support owed by the NCP.

The SSA does a thorough job in investigating before awarding anyone with SSI. It isn't handed out willy-nilly. Sometimes the child can also receive benefits as pointed out earlier so contact the local SS office and find out what you need to do for that. In the mean time you can also file contempt of court charges for unpaid support before a change in the court order. I hope this extremely long answer helps at least a little.