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Pam Priest
Pam Priest, Family Law Attorney
Category: Family Law
Satisfied Customers: 122
Experience:  17 years of experience as a family law attorney, including 2 1/2 years as a family law facilitator
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Both parents on SSD, child receives supplemental money based

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Both parents on SSD, child receives supplemental money based on our Disabilities and assigned to the SSN # XXXXX parent effecting highter amount for child,Calif. says if 1 parent on SSD and is non custodial paying support, that the supplemental amount is deducted from amount of support ordered with balance to be oaid by non custodial parent ,,I've been told by several entities that with 2 parents on SSAD its the same way but nothing in writing to show judge, Currently after paying full calculated amounts, I cannot maintain anything and have lost everything, the arguments been going on for 3 years, and other parents gets this money on top of my support, So what to do to correct problem as it should be , I need some type of documentation but SSA says because all states are alittle different that they dont%2
Submitted: 5 years ago.
Category: Family Law
Expert:  Tina replied 5 years ago.
Thank you for contacting our JA team for guidance. <p> </p><p>While I am not an expert on social security, I do know that child support can not be garnished from social security income as it is exempt from garnishment. Your SSD should not be taken for child support. If it is, you need to file a motion to quash the garnishment.</p><p> </p><p>In addition, CA has free and low-cost legal assistance available in most areas. Contact the state bar association (calbar.org) and ask for all information on all programs in your area. </p><p>                          <br />Please let me know if you need additional information.</p><p> </p><p>Best regards,</p><p>TG</p><p>___________________________________________________________________________________</p><p>Please press the "accept" button so I may be credited and paid for my time when I have answered your question. I am available to answer follow-up questions or to clarify this answer. Positive feedback or a bonus is always appreciated. Thank you very much.</p><p>NOTE: Sometimes we receive your question before we receive your additional "optional information". If my answer does not appear to consider your optional information, please let me know as I was probably not able to view it when your question was first received.</p>
Customer: replied 5 years ago.
Unfortunately SSD is considered as a form of income , cantremember thetechnical termsand therefore because itis referenced as "your income", and probably because some people are ony on it for a year or 2,3,that might be why, but I am permanently on it. Sothe botXXXXX XXXXXne is that while SSA is not garnishable, SSD is, so I still have my problem of how to make the court recognized that the supplementary income paid to the child is still deducted from the total amount ordered by the court , the same as if only I , the non custodial parent were the only parent on SSD. Everyone says this is how it is done but yet I have no proof to force compliance, maybe someone else there knows where rto find supporting documentation, will await a reply.
Expert:  Tina replied 5 years ago.

I am not certain of the answer to this question, so I will opt out, allowing other experts to assist you. Good luck to you.

Customer: replied 5 years ago.
I have been involved with a divorce for 3 years in a county which doesnt have lawful venue, and to this date has either continued all motins or on occssion dismissed a few upon entering the courtroom and before judge sits down, too include venue, forum convenience/inconvenience, motion to strike/vacate,dismiss, have attempted to address the dozens of cournts of perjurytoo include stating that I have been convicted of various crimes too include elder abuse and violence against my own parents, ,,,my mother who happened to attend one of thesehearings almost fell out of her chair. This case contains forgery which cannot be chalenged by opposing party, on and on, and the court having involved itself and has violated so many codes , Rules of the court etc, that it cant getoutand stop theharm for fear of reporting to the Commission onm judicial Performance and other actions. Anyway every thing involving this court and a few judges who sat in on occassion has been one sided, too include allowing oppossing party to disobey visitation orders for 3 years, refusing to adsress this too, I even sumitted a Contempt of Court and was scheduled for hearing 1 week ago and the day of the trial for 110 counts of contempt (1 1/4 years at specified visitation ran the numbers up) but in the beginning when support orders were mad based on certain criteria, the amount I was to pay was 1,877.00 mo. for 2 children.
But here is where the problem starts, If I were the only perant on SSD, my children would be receiving a supplemental check ,sent to me to offset being on disability. Per the California codes, after a judge determines whatistobe paidby the non-custodialparent on SSD, the amount paid to the children is then deducted from that ordered amount and the balance I have to pay, In this case the amount of the children is 800.00, whichmeans I would pay 1077.00 month.
But both parents are on SSD and therefore the children are still entitled to this supplementary money based upon our disabilities and depending upon which parentsa SSN# XXXXX uthorized SSA to pay the highest amount to the chiuldren, this payment is assigned to that parents SSN #. But is has nothing to dowith how much either of us receives through SSD, just the way it is processed and also because the SSA doesnt want to compute the percentages and send out 2 checks, one based on my SSN and one based on hers. So only one check is processed and it is technically assigned to her SSN #.
I have talked to SSN 800 number, and as the newer employees don't have a clue, the older SSA emplyoees state thatit doesnt matter which SSN number it is paid or authorized by, that this money is tobe deducted from the totalamount ordered by the judge, thereby preventing a so-referenced "double dipping" so to speak, That she is compensated by the judges calculations to be self supporting like any other person,thenfor the childrens pay is deducted as if I were the only person on SSD to prevent me from suffering unwarranted financial hardships and she tobe benefiting above and beyond,
The SSAalso say that they have never written anything regarding both parents on SSD because most staers have some sort of variation and it would be too much paperwork and such. So it goes unwritten as far as I or anyone else knows.
Because of this , her attorney has argued that because it is drawn on her SSN, that onlyshe is entitled to the money and that I am no entilted tohave it deducted from the ordered support as ifIU were the only parent on SSD.
I've wentto 2 different county Superiorcourtsselfhelpand had the numbers ran and both places say the it is deducted as I have explained, but nothing written, and because of the opposing attorney's argument stated above, the judge wouldn't reducethe support ordered by the amount of the children's supplemental pay from SSD. This has continued for three years and I need toresolve it as thehardships have caused me to lose everything ,for the property and community debts/assestrs etc are also no resolved , and i dont want this county to involveitself wit that based upon their track record. So I have all the bills /debts ecton top of all else.Basically the way it is has caused one parent tobecome unable to provide for self and maintain level of living while rewarding the other parent and her attorney. So what I need is something toset a standard toargue agains this attorney and have the supplemental pay applied tothe total amount ,thereby reducing same that amount.
Expert:  Pam Priest replied 5 years ago.
Hi, I am a California attorney and have dealt with the issue of SSD before. Part of the difficulty is that people get confused between state disability (SDI), SSI (which is like welfare) and SSDI, which is regarded as income. So it sounds like both parents are on SSDI. So the children are entitled to what is called derivative benefits from both parents. So all of this makes sense. And all of the derivative benefits would go to the custodial parent, since this is where the kids are. So to make sure I understand what's going on in your case - it sounds like you are saying that the amount of the derivative benefits that comes from YOUR disability should be deducted from the total amount of child support that you have been ordered to pay. And if that's what you are saying, you are right. So this is where I get confused - are you saying that the judge refuses to credit you with that amount? And this is because you cannot prove - ? What? That derivative benefits are being paid to the custodial parent? It should be easy for you to get proof - don't they send you statements? In the case I just had, they could get statements online, although it did take a while.

You wrote: "the older SSA emplyoees state thatit doesnt matter which SSN number it is paid or authorized by, that this money is tobe deducted from the totalamount ordered by the judge, thereby preventing a so-referenced "double dipping" so to speak" a

This is accurate. So it sounds as though either 1. the judge just has not seen anything from SSDI that shows the derivative benefits that come from your disability, or else that the judge has just decided not to credit you with that amount. Is that right?
Customer: replied 5 years ago.
For the most part yoyu have a grip on the problem, but the children are paid only on 1 parent , that being which parents SSN can cause the higher monthly payment to the children. As I had jobs such as working for the state and such, the botXXXXX XXXXXne in that on my SSN children would get 630.00 and assigned or authorized under her SSN they receive 798.00 per month. So SSN automatically assignes the payments for the chidren under the high of the 2 SSN's.
I have ask in the past to separate it proportionally arriving at a percentage of dollar amount to make it easier for anyone to crdit me my portion but SSA says that would create more paperwork and possible erros or verifications if there ever was a problem with any claims of 1 check not paid or whatevercould come to bewith electronic payments. Sothey said only one check per household,regardless if 1 or several children. ,,1 check for the children from the highest amount authorized by only 1 parents SSN #.

I even asked if the judge would at the least give me credit for my 630.00 and she could have the balance , and before he could answer theopposing attorney again stated that it is derived from her SSN # XXXXX therefore I am not entitled to any credit or portion, But as I have been told all of it is supposed tobe deducted or creditedtothe amount calculated by the court and I pay the balance to her and she receives the check directly from SSA for the derivative childrens pay.
While this attorney had nothing to support his dermand of the court, he kept arguing that I had to prove this application before I should get credit for the childrens money, and as I have stated, the court is in so deep with various violations of law andrules of the court, they are tryting todo anything possible to keep me from both having money to hire and family lawe attornry or an appellate attorney to write up this entire unlawful nightmare which includes several major , cut and dry issues,but I lack nowledge of proper format and such
But yes , somehowI need to support the proper application of the childrens monies in respect to offsetting the child support, a pre-existing standard or something like that,
Expert:  Pam Priest replied 5 years ago.
Well, this does not make sense to me. I mean - you are each on disability, so even if the Social Security Administration only writes one check per household (which kind of does make sense), the children should be receiving derivative benefits from you AND from the other parent.

I do understand the other attorney's argument that you should not be credited with money that comes from the other parent's derivative benefit payment for the kids - I would have no problem with that argument, but that's because you should be getting credited with derivative payments coming from your own disability.

Anyway, I can see why you can't prove anything to the court - if they are not making derivative payments arising from your disability, there is nothing to show!

Hey - when you originally applied for SSDI, didn't you have an attorney? Have you contacted him? Also, have you talked to the Family Law Facilitator about this? What about DCSS?
Customer: replied 5 years ago.
No didnt have an attorney for SSA but sent in medical reports from injury and also saw their doctors andthey granted permanent SSD.

It isnt that they dont get anything from my disability, is it just that its easier for SSA to just use the higher of the 2 SSN's and cut a check. Even if the children would receive exactly the same amount from eitherr parent, lets say they could get 1,000 if using mine, or 1,000 if using hers, and then they split it equally, sending a check of 500 on my SSN and a check of 500 from her SSN, they say that they will only make 1 check and just assign it to the higher of the to SSN's , so its not that they are not receiving anything from me ,exactly, its just easier for SSA to do it this way and it allowes for a higher number, and easier,
But it currently, because its higher from her number , it is currently being paid ,or assigned to her SSN, but I am still entitled to being recognized that if she wasnt here or didnt exist that the children would then have to be paid from my SSN,only a slightly lower amount, so with only one check being written, its basically looks like its all form her when if fact the children are entitled tobe aid a derivative from both parents, but only she is currently benefiting from this problem. either it should be deducted as I have explained, the same as if I were the only party on SSD, or at the least give me credit for what the children would be paid if only on my number and the difference between that and her amount,,about 168.00 she cah havefree and clear,
But not have me pay what the Dissomaster or Cal Support determiones is adequate and configured based upon no other monies being received which is unfair tohave me pay the standard amount to get what the calculator determined she and they need and then give her this other money on top of it.
I spoke with a legal person at DCSS where none of them will give out any information, but she told mne that they only had one case like thiswith 2 parents on SSD and that they did in fact deduct the childrensmoney from the amount ordered to be paid bythe noncustodial parent, and it was also being paid under the custodials SSN and not his. And as I earlier stated, the legal assistance in two courts calculated the same numbers as the judge did and then told me that I should worry as the childrens money would offset that amout, but again nothing in stone
Expert:  Pam Priest replied 5 years ago.
Okay. I just did some checking and I really hate to say this, but it sounds like you may be out of luck. I see that in fact when both parents are on disability, they do only give the children derivative benefits based on the one with the higher income. So the court can't really deduct the amount they would be receiving from you - because they aren't receiving anything from you, technicallly. It's not that it's just easier for SSA - it's that the only use one person's social security number.

I can understand your frustration, because it does seem very unfair. You might be able to make some sort of equitable argument, but child support is so regulated in California, there is probably nothing that the judge can do, even if he or she wants to.

If you haven't tried the Family Law Facilitator, I would give that office a shot. Every county is different, but this is the exact kind of situation that they were set up to do, so they sometimes have a much more specialized knowledge of the law in relation to disability than most private attorneys. You can reach them by going here: http://www.courtinfo.ca.gov/selfhelp/lowcost/qa-flf.htm#findflfach

I'm very sorry about your situation!
Pam Priest, Family Law Attorney
Category: Family Law
Satisfied Customers: 122
Experience: 17 years of experience as a family law attorney, including 2 1/2 years as a family law facilitator
Pam Priest and 4 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
<p>Something to consider is that SSA ,being federal gocernment has a set standard regarding most everything, therefore to allow a court of lower government to on occassion to use this money or anything else ,then on another occassion use it in another way with the same parameters would constitute some sort of bian or prejudice regardingthe actions of a lower government using the same Federal allocated money or anything else for that matter. </p><p>In as much as I cant find nothing to support that because of the childrens money being assigned toher SSN to get a higher number, there is nothing that says that I forfeit the money they would receive if paid on my SSN. Therfore as I previously stated, and in relationship to any laws or rules referencing this money, I should be at the least given the 630.00 reduction of support I have to pay and then allow her to keep the difference of the 168.00 free and clear. </p><p>Why you might ask is because this money paid to a child for support if the child by SSA for a parent on SSD is to supplement that parent ( most usually single or originally the primary bread winner due to this parent not having the occassional promotion or other increases in salary others in the working force come across, nor the ability to re-train and improve their occupational level and subsequently their pay scale. </p><p>But with the courts using the standard calculators, the support I pay, or the almost standard percentage of support, the receiving parent overcomes the above referenced losses due to the disability, and therefore technically doesnt need the additional monies paid to the children, but on the other hand, I still remain stagnet and relay solely upon the same amount of incoe and have nothing to compensate my not having promotions and anu other increase or opportunities the regular workforce has, therefore in relationship to my supporting my children whileon disability, the normal derivative pay for the children should stillbe crdited to what I have to pay, and while I'm not being compensated by any other sources. </p><p>And if the support only considers the SSD both parents receive to determine the need of the custody parent, then this additional derivative is definetly unfair and there must be some relief from this current problem, </p><p>Also the money I reference is also grouped together with Railroad Retires in regards XXXXX XXXXX usage. So what do they do or where do they get their guidelione as prescribed by the SSD guidelines? Anyway if you can find anything out, please let meknow and maybe you will runacross a Social Security Attorney who can rovide you, as a professional some sort of answer , for myself as just another party to a divorce,i haven't the clout to get them to answer, and havent the fundsto get them to answer. thanks let me know </p>
Expert:  Pam Priest replied 5 years ago.
Well - about what you said above "to allow a court of lower government to on occassion to use this money or anything else ,then on another occassion use it in another way " - the question is, has that happened? I know you said that DCSS said that in one other case the father was accredited - but I suspect that the court may have made a mistake in that case. You mght want to go back to the DCSS worker who told you that and see whether you can get the name of the case. If DCSS was collecting on a divorce case (as opposed to one where the parents were not married), then the file is public record and you can just pull the file and look through it and see what really happened! Then you can use what you learned from that case and apply it to your own.

But the SSA does not have any control or input into what a court does. If SSA would pay the kids' derivative benefits based on your SSN, you would not have a problem; the court would give you the credit. It does seem ridiculous!!!

Try DCSS and try the Family Law Facilitator. Also, if you could get a consultation with an attorney who does SSDI litigation, you mght be able to get some ideas. I really wish you luck, because it seems unfair, for sure.

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