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Social Security Disability and Child Support

Hello Mr. President,
I am writing to you today because I feel like the system has failed me. I hope that your administration will listen and will then take my story into consideration while instituting a change to the current status quo. I don't want this to happen to anyone else, and I hate that what is happening to taxpayers, while the undeserving prosper.
Here is my story---I am a 41 year old, recently separated woman with a 6 month old son. I recently petitioned the courts for a divorce, custody and a child support order. The divorce is in progress, but the custody and child support have been decided. I have full physical custody of my son.
The child support order is the reason for my letter today. In order for you to completely understand the situation, I must tell you that I am a registered nurse and that I worked very hard for many years of my life, and that I became disabled in 1998. I receive social security disability as a result of my disability based on my earned income.
My soon to be ex-husband is working full time and his gross monthly income exceeds $7000.00 monthly. When my son was born, I applied for the derivative social security amount that is part of the social security disability benefit.
When the child support order calculation was complete, I was in shock and dismay. The derivative social security amount that my son receives on account of MY disability was SUBTRACTED from his father's support obligation.
My social security disability amount was also counted towards the child support obligation and further reduced the amount his father is to pay towards his care. My husband was ordered to pay very minimal child support amount as a result of these deductions, despite his own earnings.
I cannot believe that MY disability allows him to benefit financially and allows him to escape child care expense. I believe that a huge injustice has occurred at my son's expense. I think it is a shame that my son and I will have to scrap by with a fixed income that is completely based on government entitlement programs while my husband continues to earn substantially.
In a way, the court's decision has helped my son and I financially. My son's father is currently in arrears for the amount the courts did order him to pay, and without my disability benefit, we would have nothing. With this in mind, I find myself very thankful. I am writing to you with an idea that I believe may help America's financial condition. I believe that, as in my situation, if a derivative disability amount is subtracted from a parents obligation towards child support, then that parent should in turn have to pay the social security system back with his or her EARNED income.
Why should a parent who is able to earn be rewarded financially because of the other parents disability? Why should the government support children who have parents who can support their own children? The current child support calculation is allowing parents to escape their financial obligations WHILE contributing to our national debt crisis. If these parents were made to pay the social security administration for their children's derivative disability amount, instead of subtracting their obligation completely, the government would save a lot of money.
In my situation, the courts gave a dead beat dad a huge financial break, and even with the break, he still is not contributing financially to his son. It is a shame, both for my son, for others who find themselves in my situation, and for my government.
Shame on the system.

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Replies

contact me at shastawagner@verizon.net if your interested in further discussion. thank you.

 

By Anonymous

Hi Shasta

I could not believe my eyes when I read your letter to the president. I am in the exact same boat!! On SSDI and was an RN, my ex's income is $10,000 a month and he pays me only $320 each month because his support is reduced by my SSDI benefit for my daughter. It is insane!

What state are you in?? I'm in PA. The courts initially ordered alimony to offset the reduction in his support, but only for 3 years. I'm not in the process of trying to continue the alimony, but it's already cost me $3000 in legal fees and we are no where near done. Of course he can afford a shark attorney who makes everything impossible!!

I am about to lose the house I have tried so hard to maintain for my daughter. I've offered to sign over the house to her when she finishes college if he will pay what he should be paying and of course he declined. He could care less where his daughter lives when she is with me.

It is completely sickening and I so feel for you!!! I'm searching everywhere for someone to take this on pro-bono, as it is NOT this way in some states!!

 

By Anonymous

I am also living in PA and the same thing happened to us. My husband actually left me because I am disabled and 80% of the children's derivative money is a credit to HIS child support obligation. 

This is so wrong.

By Me too!

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