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lawyerlady1977
lawyerlady1977, Divorce Lawyer
Category: Family Law
Satisfied Customers: 7
Experience:  Attorney with 7 years experience specializing in divorce, custody, and child support.
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Does dependent benefits from social security count for child

Customer Question

Does dependent benefits from social security count for child support payments in california
Submitted: 3 years ago.
Category: Family Law
Expert:  lawyerlady1977 replied 3 years ago.

lawyerlady1977 :

The California courts have determined that social security benefits paid to children (or to the custodial parent on behalf of the children) are essentially substitute support and therefore the SSDI benefits paid to your daughter's father should count towards your child support obligation. In your case, since the benefits are greater than your support obligation, you should not have to pay any additional support.

Customer :

The support had rearages because I did not receive benefits for a period of time. The support order is for $795 and the benefits are $1390. Does the extra amount cover the back due support also??

lawyerlady1977 :

I believe that the additional benefits above and beyond your support obligation should go towards reducing your arrearages owed, but you would have to check with the child support office that is managing/handling the case to be sure.

Customer :

Also he filed contempt of court charges against me for the non payment (I have a long history of disability. I have only been healthy enough to work for 6 out of 23 years due to a cronic medical issue, not psychiatric) He filed those after he recieved benefits from Social Security. Is that perjury or a illegal act since he lied, then with held information in court from the judge, and then his attorney requested that they put me in jail for it. I have the paperwork that shows benefits were paid. DCSS also attached my benefits and have taken another $4000 from me. The dependent benefits are more than the current and the back due amount

lawyerlady1977 :

I cannot give you specific legal advice regarding your case. However, I would say that any time that someone lies while under oath, perjury has been committed. That being said, it may not necessarily be considered a "lie" to ask for a contempt after payments have resumed. If the contempt relates to a time period when the payments were not being recieved, the contempt action can still go forward, even if payments are now being received. I suggest that you seek the representation of an attorney, especially if you are potentially facing jail time and/or an attachment of benefits, especially if you believe the attachment to be wrongful.

Customer :

Thank you for your help. The big problem is that I come from a poor family and dont have backing for attorney fees. I am one of 11 children, and my father died when I was a baby of the disease I have. He comes from a family with money and has an attorney who is ripping me apart. They said I didnt make any effort to pay the support. When I got sick this time I did not reinstate her benefits. I sent him an email so he could have the money sent right to him. I told him to apply for her benefits. He did not tell the judge this and he did not tell the judge that he was already recieving money for her. I thought that by telling him to apply for her benefits I was making a good faith effort because I knew that it would be approved and he would be paid directly by Social Security. DCSS only wanted $991 per month and that is what they have attached my benefits for. I really was in the hospital and had no income. It was not a deliberate act. It just happens. I have been hospitalized about 30 times in the last 20 years. I also have a diagnosis of PTSD from years of abuse from him. When his attorney starts bullying me in court I get intimidated badly and dont do well. The judge refused to look at my medical records so he could see that I have that diagnosis. He said because the doctor was not there to question. His attorneys exact word were "this mother has not made any effort to support her child" telling him to apply for her benefits is an effort to me. Am I wrong to think that way??

lawyerlady1977 :

What did the judge end up doing?

lawyerlady1977 :

One thought is that you may be able to request a court-sppointed attorney for the contempt part of the child support issue.

lawyerlady1977 :

Usually, the court does not appoint attorneys for child support matters because they are civil in nature, but at the point that the matter reaches a contempt stage and jail becomes a possibility, then you may be entitled to one. Ask the judge at the next hearing if you qualify or may be entitled to a court-appointed attorney. Also, I definitely encourage you to contact the case manager of your child support case to discuss all of this.

Customer :

He continued it until next week He asked my ex husband if I had recieved SSI in the past and his response was "She recieved some sort of goverment benefit" He knows exactly what it is because I recieved it for the entire 14 years we were married and we filed taxes together They keep tacking on attorney fees as child support. It is making so high that I will never be able to go back to work. When he took my daughter he did not pay me and I had to work extra shifts to pay my bills so that made the support order higher. I tried to tell the judge that but he said since I was only 48 years old and had been working that much I could continue to do it. I have all the documents from SSI and they do show that he with held information. I was wondering if it would help if I brought my SSI records so they could see how many years of disability I have. What do you think?? this situation is preventing me from getting some of the medical things that I need because they keep taking more money from me. I am not considered terminal at this point but I could easily become that if I dont start getting the care I need and start responding to medications. I dont know how to prove that to the judge and everything I try he throws out. My daughter is 17 years old. She will be 18 in November. Our divorce settlement was not even because he had the divorce papers drawn up and harassed and threatened me until I signed them. I was past all of this, but now since my health has been severly damaged by this situation, I would like to see it changed. As I said I was on disability the entire marriage but I dont get any spousal support, I am not on his medical insurance and I dont get any of his retirement. Literally nothing. I recieved $40,000 which was not even close to half and with that money I paid off bills because he refused to pay bills. We even had a car taken back by the bank. I never had any access to his money.

lawyerlady1977, Divorce Lawyer
Category: Family Law
Satisfied Customers: 7
Experience: Attorney with 7 years experience specializing in divorce, custody, and child support.
lawyerlady1977 and 8 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

I have been battling with my exhusband who is trying to have me put in jail for contempt for child support. We have been in court several times over this and I have now been refered to criminal court.

After I left the court on Wednesday I found out some information. I have a disability and am on SSI. I didnt file for my daughters benefits because I told her father to since he has custody.

Currently this is what is happening. He has been receiving her benefits of $1390 per month, the support order is $725. He withheld this information from the courts and from child support collection. Child support collection took about $4000 from me before they decided that I was telling the truth and he was lying and they have closed the case.

Now the only thing left of course is the criminal charges but I am not concerned because I know he is receiving the money and it is easily proven.

My question now is this. Since he was over paid by a large amount of money (because he withheld information) and since he signed under penalty of perjury that I was not paying, has he commited some crimes here?? How do I get the money back that he was paid that did not belong to him??

I have a public defender who I have not spoke to yet, but as I said I am not concerned about that issue. I just dont know how to proceed with the rest. This is a California case

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