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xmas74

(29,676 posts)
Thu Dec 27, 2012, 04:44 PM Dec 2012

"That's not our job".

Direct quote given to me today at the local child support enforcement office.

I recently found out that my child's father is receiving disability. He has a court order to pay support for our child and does so sporadically. He is on probation as of this time for not paying his child support. As of this time, there is no garnishee placed on his benefits because, as my local CSE has stated, it's illegal. They have also stated that they cannot do anything about collecting any support on a regular basis.

I called Social Security and they have set up an appointment for me to file an application to receive children's benefits. According to SS disability can be taken if there is a court order for child support. The only way his disability would be touched is if the children's benefit isn't the full amount of what is owed in child support. And the benefit check would come directly to me, instead of going to him as it is currently.

I visited the local CSE office and was informed that any information about him wasn't available to me, even though he has every right to demand information about me and our child's whereabouts, my employment, her education, any religious training, even if I have a boyfriend, etc. My question of "Where is he?" isn't my concern, according to our offices. And when I asked about SS benefits and why this wasn't looked into before I was informed "That's not our job." I was then chastised by the man looking over my case, stating that I shouldn't worry about whether or not my child's father receives disability and that I should be thanking him for having served his country at one time. (yes, he's a veteran but his disability isn't military-related. It's from not taking care of his body and he's suffering from those bad decisions.) In other words, I shouldn't be worried about not receiving benefits from him.

What a great way to celebrate my birthday.

11 replies = new reply since forum marked as read
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LWolf

(46,179 posts)
1. I raised my kids without any support.
Thu Dec 27, 2012, 04:56 PM
Dec 2012

The first time the ex' paycheck was garnished, he quit his job and went to work under the table. He also moved, and began renting rooms from people; he'd move every few months. That ensured that, while he always knew where we were, we never knew where he was, and I was on my own as far as $$ went.

I managed.

I shouldn't have had to.

Blue_In_AK

(46,436 posts)
3. I never got any child support for raising my three kids either.
Thu Dec 27, 2012, 04:59 PM
Dec 2012

Two different dads, too. Both deadbeats. I really knew how to pick 'em when I was younger. I had to wait until the kids were grown and gone to get it right.

xmas74

(29,676 posts)
4. I was used to doing without it
Thu Dec 27, 2012, 05:00 PM
Dec 2012

but when I found out about the disability I knew that I didn't have to anymore. It turns out my state office is that damn lazy that they won't go after something that isn't that hard to get and in turn will no longer have to worry about me not receiving support for my child.

(Well, they never actually worried about it before but you know what I'm talking about.)

Response to xmas74 (Original post)

xmas74

(29,676 posts)
5. My appointment is in January.
Thu Dec 27, 2012, 05:02 PM
Dec 2012

I am required to make an appointment to apply for benefits, which I've done. I've been informed that as long as they can prove he is receiving benefits that my child will qualify and that I will know the amount shortly after the appointment.

It's my state that refuses to assist me in the matter and that I was berated for making an appointment is what's so disappointing.

 

LiberalEsto

(22,845 posts)
6. That's a damned shame
Thu Dec 27, 2012, 05:06 PM
Dec 2012

I'm sorry you're going through this.

Let's hope the rest of your birthday is good.

xmas74

(29,676 posts)
10. Nothing like visiting an office of that nature
Thu Dec 27, 2012, 05:23 PM
Dec 2012

to put you in a foul, rotten mood.

But thank you for the nice thought about my bday.

notadmblnd

(23,720 posts)
7. Nope it is not their job to inform you that your child is eligible for SS benefits
Thu Dec 27, 2012, 05:11 PM
Dec 2012

But now that you know you should apply for them. I do want to say that when you do apply, ask about receiving those back benefits.
It may be possible that SS will pay you from the time your ex SO started receiving them. When my husband passed away, our son was already receiving SS benefits as my husband was receiving SS disability benefits. My son received the same amount as my husband. As his wife, I was also entitled to benefits, so if you are married to him or were- ask if you are eligible too. One more thing, they're not going to offer you this information either, but every year you will get a paper asking how much money you have saved for your child from SS. Ask them if there is a penalty for saving for your child's college with these benefits. When my son graduated high school and his benefits went away, I got a letter telling me that if I had any money I had not spent from SS for our son, I was to send it back.

I don't know what state you live in, but where I live, you can go to SS anytime you want. You can also apply over the phone or online. you eventually will have to take a trip down there because you will have to take documents such as birth certificates and other identification. It would be helpful if you had you ex's SS number.

You would learn a lot if you went to Social Security website. There is much you can do on your own with out your case worker being involved.

xmas74

(29,676 posts)
9. Actually, it turns out it's not their job
Thu Dec 27, 2012, 05:22 PM
Dec 2012

to actually enforce any collection of child support, even though they are a child support enforcement office. (That's the actual title-Division of Child Support Enforcement.) And according to the court order for his probation he has to report to them any wages or benefits he receives and according to the terms of his probation this includes any benefits received, including tax returns, money for education, and any other money that is used for actual living expenses. He is also supposed to report any property owned, including housing, vehicles, etc, to CSE.

In other words, they knew the entire time and, according to the number I called with Social Security, if they knew there was a court order then it was actually their job to collect.

1monster

(11,012 posts)
8. Good luck. Check with legal aid and ask if they have someone who is familiar
Thu Dec 27, 2012, 05:14 PM
Dec 2012

with Social Security laws, rules, and regs. Your child may be eligible for SSI payments and legal aid may help you get it.

Good luck.

xmas74

(29,676 posts)
11. I've already called.
Thu Dec 27, 2012, 05:24 PM
Dec 2012

They're backlogged for months but I've been informed that, if the meeting doesn't go well, to try to contact them again.

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