Help Me Understand Child Support and Dead Beat Parents

[kransden]

Parents are divorced and have a kid.
Dad is severely mentally ill and can't hold down a job. He is going through the social security system to get benefits, but doesn't have them yet.

So my question is: If you aren't working do you have to pay child support?

[ellies mom]

My sister's ex could be the Dad you are talking about. The way it worked out for her was that he didn't pay child support while he was waiting for benefits (because in all honesty, you just can't pay what you don't have) but once he qualified for benefits, she was given a lump sum to cover for the past amount. In addition, because people who qualify for SS benefits for mental illnesses tend to cycle between holding it together for a while and then falling apart, SS doesn't just cut off if he gets a job. He has to show that he is stable enough for an extended period of time (2+ years) before SS would stop paying child support.

Normally though, if the parent isn't working, they are usually expected to pay child support and are supposed to pay back support once they are working.

[SammyeGail]

I had a friend who at the time of divorce her ex was working and had a set amount he was supposed to pay. He worked for his father, his parents had several businesses and were very well off.

He quit working and did become the typical deadbeat dad, stopped visiting the kids and everything, he had gotten involved with drugs, that was the reason for the split.

My friend had a good relationship with her ex FIL, not so great with her ex MIL (they were divorced). My friends was naturally bothered he didn't pay child support but was much more hurt that he hurt their kids by saying he would come by to see them and never show, she would take the kids to her ex-IL's and he wouldn't show there either.

She didn't chase him down about the child support, but since it was on record he had not paid in something like 18 months he did end up getting arrested. His mother paid it all to get him out, my friend used it to pay off medical bills since she couldn't even afford to pay insurance for her kids where we worked.

So if there is currently an order for a set amount, its most likely still effective. The Dad your talking about needs to give copies of what paperwork he has to the court system to protect himself the best he can. I am no expert, but if he has paperwork that states he cannot currently work the courts may amend the CS amount without a lawyer being involved.

I know I'm overthinking it now, but I think providing the court system copies of his paperwork, so they have info on his current financial status, is the best thing to do to protect himself. I would hate for him to get arrested and kept in jail until someone can come up with the back child support to get him out. I am 100% for supporting your kids, we did DSC (DH's from 1st marriage) for 11 years, paid for braces for both of them, etc, helping DSS what we can with college since his mother is financially clueless, but right now that sounds like it would be the worst thing for his mental state.

Once his benefits do come in, if there is already a set amount of CS set, it will need to be amended. Hopefully he and his ex can just do it thru the court system or he can get some free legal aid to help him.

Sorry to ramble! Best of luck either way :hug:.

[lalasmama]

In my state, the support amount continues to accrue working or not.... And, as PP have said, you can get arrested for not paying it for xx amount of time or when it reaches $xx, depending on the laws.

I've known several fathers taken in for non-payment.

That being said, SS benefits can take years and multiple appeals--its not like "oh I can't work because xyz" and they hand over benefits--even if xyz are very true, debilitating conditions. Not making an effort to pay child support because of anticipating SS benefits would be a BIG mistake. Let's say child support was $250 (which is a freakishly low figure for most- the families I know [per child] recieve anywhere from $320-$1200). That's $3k a year. We'll say he has to appeal twice, which will take about 2 years overall. So he's now at $6k in arrears on the child support (and, again, realistically, a LOT more!). I'm going to bet that once you get $6k in arrears, its hard to climb out of that hole, depending on what else you haven't paid (car? mortgage? loans?)....

[wellyes]

PPs are right. I'd also add that if the dad is deemed eligible for disability, the child may be eligible for SSI. If I were the mom I'd set up an interview at her local social security branch -- the reps there can explain the consequences of disability payments when child support is due, whether the kid may be eligible for SSI, and address her other questions. It's better than googling or asking around, and interviews are free and confidential.

[ewpmsw]

If the father is severely mentally ill, I wonder if the state's child support enforcement would even bother pursuing him for payment, ever. Even if the law states that unemployed parents must pay, if he's never going to have anything but SSI or disability, there won't be much to take anyway. Maybe the child is elgible for some kind of benefits based on the parents' disability but not from the parent's disability check...?

[ellies mom]

Maybe the child is elgible for some kind of benefits based on the parents' disability but not from the parent's disability check...?

This is how it worked for my sister. The money she received for her son from was separate from the money her ex-husband received from SS. The money was sent directly to her.

[kransden]

Thanks everyone. The mom knows the dad has no money. Unless a miracle drug is discovered, he'll never work again. I was just wondering why she didn't get SSI for her dd. I don't think she realizes she might be able to get money.

[westgre]

DH is mentally disbled and on SSI. We get four checks monthly - one for him, and one for each of the kids. If we were to split, the primary caregiver of the children receives their checks. But, honestly, the checks are not all that much in our case.
If the father is approved for SSI, he will get a backpay lump sum, some of which will come in the kids' names.
I'd be happy to answer any other questions if I can.

[ewpmsw]

Thanks everyone. The mom knows the dad has no money. Unless a miracle drug is discovered, he'll never work again. I was just wondering why she didn't get SSI for her dd. I don't think she realizes she might be able to get money.

If she decided to look into it, her state social services office would be a good starting point. If they can't give advice, they could probably direct her to someone who can. An SSI/SSDI attorney could also answer some questions. Some states have lawyer referral services or legal aid offices that could link her to a consult with one. (Ex: locally, our referral service provides 30 minute consults for $40.)

[vludmilla]

Yes, he would still owe child support. It would come out of his SSI/SSDI check if he was not working.

[SammyeGail]

DH is mentally disbled and on SSI. We get four checks monthly - one for him, and one for each of the kids. If we were to split, the primary caregiver of the children receives their checks. But, honestly, the checks are not all that much in our case.
If the father is approved for SSI, he will get a backpay lump sum, some of which will come in the kids' names.
I'd be happy to answer any other questions if I can.

:yeahthat:

My Dad got hurt really bad (several vertebrates broken/fractured in his back) at the mill he worked at, the laws were so different then, he had put in 2 work orders for repairs for that part of the line. I was around 7, he just got SSID. A check for him, my sister and I. My mom had already hurt her back at the same mill (a denim mill) and with her severe migraines she was on SSID.

My check ended when I was 18, I think it was around $180, maybe $160. They were supposed to continue it if I showed I had plans for college and attended full time, which I did for a year (my grant ran out), my parents fought what they could but SSI kept denying it. Very annoying, kwim? I got a full time job as a bank teller, got my own health ins, it cost my parents about $200 monthly to cover me. I also worked part time at a drug store and took classes at night.

I hope it works out well (and soon!) for your friend and hopefully her ex has decided to get a lawyer to help him speed things up. The back CS owed could still be taken out of lump sum when/if he get it or they could come to an agreement to the amount, a % of it. When my friend had to go to court when her ex got arrested there was a couple there, he owed over $10,000, he offered her $1000 in cash on the spot and she signed off on it.

I do hate to hear about the state he is in. I suffer from depression and fight it hard, it makes me sad to think about how this effects his kids and I really hope its not too bad, I don't even want to think about it :(.

[borntorun09]

My ex has severe mental problems and isn't capable of holding down a job. He started getting SS disability last summer and I finally started receiving child support. I know it took a long time for him to qualify and get through the paperwork. I never even knew it was an option! They back-paid for the 2 years he didn't pay and now both kids get a check every month from SS.

[Mommy_Again]

DH is a divorce attorney so I asked him. Laws vary by state, of course, but if dad is getting a SSI check then his kids are entitled to a portion. Depending on the severity of his metal illness, the state could impute (assign) an income to him if they deem he is capable of working (i.e. if you choose not to work and therefore don't have an income, your child support is calculated based on income typical to the type of work you used to do). Federal law mandates free legal representation in order to collect child support, so she should contact her local child support enforcement office for further assistance.