How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111635
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
10285032
Type Your Family Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

I am trying to sue a the court and the judge. is that

Customer Question

Customer: Yes, I am trying to sue a the court and the judge. is that possible
JA: Thanks. Can you give me any more details about your issue?
Customer: Yes, I am on SSI and the judge found me in contempt. the VA law states that people on ssi can not be forced to pay child support. 2. The judge circuit court judge remanded the case to JDR in another city but he is still acting on the case. This action prevents me from filing a modification in the proper court. 3. The Judge set a 5K purge without evidence that I can pay the purge. 4. The city jail moved me to another jail in another city without giving me notice. 5. The second jail refused to give me medical shoes as prescribed for my disability. 6. The Judge made an unlawful medical practice by declaring me not disabled. 6.I receive no notice for the contempt, I did recieve an order stating that the key issue is my arranging to pay. FYI child support enforcement closed this case because they cant enforce child support on a person who receives SSI as his only source of income.
JA: OK got it. Last thing — Lawyers generally expect a deposit of about $36 to help with your type of question (you only pay if satisfied). Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 11 months ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
What is your question for us regarding this issue?
While SSI benefits are not subject to seizure or garnishment for child support, if a person receiving such benefits is responsible to pay child support, they can still be found in contempt of court for not paying.
Have you filed an appeal of the ruling yet, which is your next step?
You realize that the experts on this site can provide information only and we are forbidden by state law from representing anyone from this site?
Customer: replied 11 months ago.
There are many supreme court case that were reversed because individuals was on SSi and therefore could not be forced to pay child support. This is still a problem in the U.S. however an individual that is living at below poverty because he is disabled is a good justification as not to be found in contempt. How do a judge force a disabled person who has been medically verified disable to work like a slave to pay an exwife. Are you a good person to provide information on this subject. I find that a lot of attorney's are not aware of the full extent of SSI
Customer: replied 11 months ago.
I am not speaking about SSDI.
Expert:  Law Educator, Esq. replied 11 months ago.

Thank you for your reply.

I am aware fully of SSI and as I said, I am aware that it is needs based and by law excepted from being taken for support. I asked you a question about filing an appeal because that is the next step you need to take to fight this case.

Customer: replied 11 months ago.
Aside from this do a judge have the right to make a medical decision about a persons illness? can the state move you from one facility to another without proper notification? can a jail agency refuse your medical shoes? can the courts fail to notify you properly about the contempt?
Customer: replied 11 months ago.
My apology. It is nerve stricking because you went straight to the child support verses responding to my rights that was violated.Yes I did appeal.
Customer: replied 11 months ago.
Child support is a debt after it becomes past due. No man shall be incarcerated for a debt. by law debts can't be enforce on ssi receipants
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
While child support is a debt, it is not like other debts. First of all (not referring to SSI, that is separate issue) not paying child support pursuant to an order of the court is considered contempt of court for which someone can be jailed. Second, not paying child support can also be deemed a criminal misdemeanor in VA, VA Code 20-61. So child support is a little different than other debts.
As far as the court ignoring your disability, this is a basis for an appeal, which you said you are appealing now. If the government (SSA) has deemed you disabled and your doctor supports you are disabled, the judge cannot contravene that determination. This is reversible error and something that must be raised on appeal.
Furthermore, you are entitled to a hearing on contempt of court, since they can put you in jail for that, and that is where you present evidence that SSI is exempt from support and they cannot make you pay your support from those SSI payments according to the law.
If they have jailed you wrongfully here, then this becomes a civil rights violation, since while judges are generally immune from civil suit for performance of their duties, when they violate the law in performing them and they jail you wrongfully, you can pursue a claim in federal court for a civil rights violation and a claim for wrongful incarceration as well. These civil claims have to be in addition to you pursuing the appeal against the child support order, which you do have claims to overturn based on the SSI being exempt from child support.
The state can move you from facility to facility based on space, that is pursuant to the discretion of department of corrections. They cannot deny you NECESSARY medical care or needs, so as far as your shoes, you have to prove they are necessary for your condition and if that is the case this would be part of your suit for violation of your 8th Amendment rights against cruel and unusual punishment for denying necessary medical care.
So you have to pursue this on two fronts, your appeal of the support and also the wrongful incarceration and civil rights suit, for which you need a local civil rights attorney which you can find at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com
Customer: replied 11 months ago.
this is how everything basically went down. Yes, I had a hearing the childs support enforcement dropped my case because they told both me and my ex that they can't persue child support because I was verified medically disabled and on federal SSI. I agreed to giving my ex child support and a pendentlette was sign. After the CSE closed the case my ex went to pursue this action in civil court during the divorce, this was the initial child support (court) order, I was already on SSI but the judge included my ssi as part of the support on the order and imputted income without due process of a Voc rehabilitation expert. Althought this was part of my SSI screening. this is how I owe child support. In the finally divorce decree the judge remanded the child support matters to a JDR court in another city where the kids live. In which I have gone serveral times for a modification but because the ex continues to file contempts in the circuit court the JDR Judge will not rule over a circuit court judge. But the JDR judge did tell my ex attorney to go back and get the order corrected. The JDR judge also stated that the circuit court judge should not make a final divorce decree and a contempt in the same day it is one or the other but not both. Now I have been runing back and forth to both courts. I have the right for a modification my daughter graduated six months ago and turned 19 and i am on SSI. The circuit court judge is forcing me to go to work or go to jail. Most attorney's are scared of the judge and two attorneys have refunded my money. They told me that a black mark has been put on my records and nothing can be done about it. I have nothing no stock bonds, place to live, no car, no bank accounts I told the judge I have nothing sold everthing to pay child support. And the Judge awarded my ex all my work equipment paint sprayer, power washer, paint brushes, generator so even if I could work I dont have any equipment. I lost my business to this divorce. My rights have been violated and I owe it to myself and my community so that no one else will be humiliated like this. Can I sue the city, my ex, and her attorney? They made it very clear to put me in jail. It is in all the court reports along with all the orders they have written all threats.
Expert:  Law Educator, Esq. replied 11 months ago.
Thank you for your reply.
You have to win the appeal first before you can sue the ex. You have a potential civil rights claim as we discussed, but you need to go one step at a time. So you need to get a new attorney, get the appeal pursued and a civil rights attorney then to pursue the civil rights claim for improperly hindering your SSI and putting you in jail for the non-payment based on your SSI.

Related Family Law Questions