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MIAMILAW1127, Family Law Attorney
Category: Family Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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I need help please i was arrested paying child support i

Customer Question

I need help please i was arrested for not paying child support i been fighting in court for the last 8 years i receive ssi not ssdi now child support agency are sending me letters stating that i am employed by social security and trying to take my benefits when the courts already know i receive ssi so i know the judge did a fraudulent act when he arrested me and now child support inforsment is lying to the courts telling them that i work for ssi companie witch is a lie i have the paper work so how do i help myself out of this fraud
Submitted: 1 year ago.
Category: Family Law
Expert:  MIAMILAW1127 replied 1 year ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Although you are on social security, you are still obligated to pay child support. You would still want to clear up with the courts that you do not work for the social security office. However, the State of Maryland counts social security benefits as income for the purposes of calculating child support obligations. The following paragraph defines all of the things that are considered income in calculating child support.

"The Maryland Child Support Guidelines define "actual income" to include, without limitation, (i) salaries; (ii) wages; (iii) commissions; (iv) bonuses; (v) dividend income; (vi) pension income; (vii) interest income; (viii) trust income; (ix) annuity income; (x) Social Security benefits; (xi) workers' compensation benefits; (xii) unemployment insurance benefits; (xiii) disability insurance benefits; (xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor's disability, retirement, or other compensable claim; (xv) alimony or maintenance received; and (xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent's personal living expenses. FL § 12-201(a)(3)."

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Customer: replied 1 year ago.
The statue also states that no one with with a physical or mental disability should have a judgement rendered against them. The judge stated while I was in court that they could not do anything because I am on SSI and not SSDI. Can you tell me what my recourse is now and am I correct in reading the statute?
Expert:  MIAMILAW1127 replied 1 year ago.

The way that you fight the situation is by getting in front of the judge in family court and presenting the information that you have that shows that you merely receive SSI benefits and not that you are currently employed by the company.

Furthermore, you can sue for false imprisonment if it is deemed that the arrest should not have occurred because you are not under the obligation to pay child support.