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disablility annuity garnishment for 'kids' now in their 30s

Date: Thu, 07/13/2006 - 21:12

Submitted by anonymous
on Thu, 07/13/2006 - 21:12

Posts: 202330 Credits: [Donate]

Total Replies: 12


how can a child support arrearage that is due to permanent disablity be discharged? my federal medical annuity is being garnished and these 'kids' are now in their 30s?


If the kids were on state assistance while they were actual children, then there would be no way, at least in the state where I live to get arrearages discharged, because you owe the state rather than the mother/children. If all of the money is directly owed to the mother/children, it is possible, if the mother/children will consent to your request.


lrhall41

Submitted by polly on Fri, 07/14/2006 - 07:51

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Guest while normally I would agree with you in a different venue, being that someday I dream of getting the 40k owed to me for my 8 year old, this is really not the correct venue to criticize this man. He said that he is permanently disabled, and we do not know the full extent of his disability or the whole situation. People come here to ask questions and need answers and not criticism from us.
Peace


lrhall41

Submitted by polly on Fri, 07/14/2006 - 09:32

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i appreciate the feedback from all. i agree all child support should be paid but sometimes extenuating circumstances prevail and they should be considered. especially 100% per cent disablity. reasonable modifications should be made immediately by the courts to keep the obligation from becoming an arrearage issue that never gets paid. u just pay interest only. i agree it is a moral issue also. thanks for the feedback.


lrhall41

Submitted by on Fri, 07/14/2006 - 13:38

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I guess I have a different view of things. When I hear permanent disability and kids in their 30's the first thing that comes to my mind is Vietnam Vet. Those men came back from the war with permanent mental and physical disabilities. Many of them found their wives or girlfriends married to other men, and many of them are homeless. Now mind you, I do not know if this is the case, but I am not going to judge this man.

I was always under the assumption that when someone starts getting disability that their children do as well, and I would think that the child support would be dropped, but I do not know this to be fact. It is what 'should' be done in that type of situation.

My son's dad owes me 40k, and I would forgive every penny of it if he would just be a dad to our child. Afterall what is more important, a check or a dad? My ex has no excuses. He is a deadbeat to the 100th power.

It infuriates me that the FOC and the state will go after the men whose children are on welfare with full force. For me, when all of the arrearages are owed directly to me, because I am not a welfare recipient, the state and the FOC could care less. I try not to be a bitter woman about the situation, because if I became one I would judge this man the same as my ex. Bitternes makes your heart heavy. I learned this not too long ago. When you let go of the bitterness in your heart, you are refreshed and uplifted. I strongly recommend it to every single mother out there who is doing it on her own. It gave me a lot more energy to be a better mom, because to often when you are the mom and the dad to a child, the dad role has to prevail over the mom role. My kids needed the mom in me to flourish. It most definitely has.

This man could be a wonderful father and have a wonderful relationship with his grown children. I am sorry but I won't judge him, without knowing the whole story.


lrhall41

Submitted by polly on Sat, 07/15/2006 - 13:52

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Hi Pollyannsay. Did you ever go to court about this child support you are owed? I know they can do an automatic paycheck deduction from your ex. Also, while I think you are an honest wonderful and trusting person whose heart is definately in the right place you are getting screwed! Child support is a LEGAL obligation. While morals should certainly assure all children receive their due support, that is in no way the case in every case. Don't let your kindness prevent your child from getting their legal due. Maybe this site can support you in that quest?

Peace and love to you.


lrhall41

Submitted by on Sun, 07/16/2006 - 06:31

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patsfan, thank you for your concern for my situation.

I guess you need to understand that my son's father is not a nice man, and he has made a lifestyle out of dodging his child support obligations. When he works he works odd jobs that pay under the table. On the rare occasion that he has a legitimate job, it is typically seasonal, and it is over well before the FOC gets their ducks in a row with their garnishment paperwork.

I usually attend every contempt of court hearing that is called against him, although he hasn't in 4 years. I received a little bit of money then that he paid that day in an attempt to stay out of jail (60 bucks I think), and then I got $50 dollars evey other week for about 2 months after in his continued effort to stay out of jail. They issued a warrant for his arrest because he wasn't paying enough to cover current and arrearages, so he stopped paying all together. I was happy with that 50 bucks every now and then...better than nothing! One other time when my son was about 2 they had issued a warrant, and they locked him up and out of a 4k bond, I think I received $276. (Isn't it ironic how he can come up with 4k for bond, but can't pay c.s.? lol) The FOC recovers all of their administrative costs, and what nots and I get the little bit that is left over.

In May of this year they issued a warrant for his arrest, and this past week he was picked up and locked up. He paid a 5k bond, so if I am lucky I will get $500 next week. I will be thrilled as it will be the first money I have seen from him in 4 years :)

I submitted my case to the AG here and they have accepted it, but I doubt they will be able to recover very much of the arrearages as he hides his assets in his family member's names. I seriously do not think he has ever filed income taxes, because if he had I would have got a lil somethin :) Eventually they will prosecute him with Felony child neglect charges and he will get 12 years in prison. They are doing that here now.


lrhall41

Submitted by polly on Sun, 07/16/2006 - 09:56

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