If he gets SS, he has no tax return. Am I correct? If that is the case, they are going after money that is not there....no need for a lawyer. I can not see them forcing him to buy life insurance...with age and health...who would sell him life insurance. If he could purchase insurance...cost would most likely be big buck. If he dies before the back support is not paid off...that is life.

I would not worry about...they can not take what he does not have. She is getting a garnish out of his SS..she should be happy with that. How far behind was he when he got ill? Unless, you think he does not owe the garnish. Lawyers are not cheap. They can not take what he does not have. I am sure they are garnish the max. If the garnish is an error, you dad may have money coming back.

I handle everything A To Z with MIL when she went into the nursing home. She owed on one medical bill and 2 credit cards. I got notes for her to go court. I called and told the Sheriff's Dept. that she is in a nursing home. They asked who I was and my number. I gave it to them. Never heard anything again.

First, if his SS payments are taxable set his withholding to a level that will have him owing a small amount at the end of the year. No return and BM can't get it.

I understand that your half sister should receive support. And she will. If your half sister is a minor dependent she will get SS payments even after he is deceased. If she is an adult then BM will not collect anything after your father passes.

So, I would not react to this other than to protect what little income your father has so you do not get stuck supplementing his existance more than you have to.

Read up on this and see what you can do

http://www.childsupportguidelines.com/articles/art200011.html

If his child support was to be for LESS than the SS the kid received, he really shouldn't owe a dime.

II. Social Security Benefits Received by a Parent

For purposes of child support, Social Security benefits received by a parent constitute income. E.g., In re Marriage of Simon, 856 P.2d 47 (Colo. Ct. App. 1993) (Social Security disability is income); Forbes v. Forbes, 610 N.E.2d 885 (Ind. Ct. App. 1993) (Social Security disability benefits are income); In re Marriage of Lee, 486 N.W.2d 302 (Iowa 1991); In re Marriage of Benson, 495 N.W.2d 777 (Iowa Ct. App. 1992); In re Marriage of Callaghan, 19 Kan. App. 2d 335, 869 P.2d 240 (1994); In re Marriage of Durbin, 251 Mont. 51, 823 P.2d 243 (1991); In re Marriage of Stringham, 124 Or. App. 626, 863 P.2d 504 (1993); Whitaker v. Colbert, 18 Va. App. 202, 442 S.E.2d 429 (1994). Indeed, 42 U.S.C. § 659(a), providing an exception to the anti-alienation provision of 42 U.S.C. § 407 for support, may be read as expressly authorizing state courts to consider Social Security benefits as income for purposes of spousal support and child support.

It would actually be pretty darn funny if she ended up with NOTHING MORE.

Where a child receives such retirement or disability benefits due to a noncustodial parent's retirement or disability, and this noncustodial parent is obligated to pay child support, the social security retirement or disability payments are considered income to the obligor parent. Further, the courts have adopted essentially three approaches to the question of how to treat the receipt of these benefits with regard to the retired or disabled parent's child support obligation:

the court may give a dollar-for-dollar credit for the Social Security benefit received against the child support obligation;
the court may or may not give a dollar-for-dollar credit, depending on the circumstances of the case;
the court may not give a dollar-for-dollar credit against the child support obligation, but must consider the child's receipt of the Social Security benefits as a factor in determining the child's needs.
First, the overwhelming majority of states that have considered the question of how a court should consider a child's receipt of Social Security dependency benefits in the determination of an individual's child support obligations have allowed the child support obligor a dollar-for-dollar credit against the amount of Social Security benefits received by the child. Harbison v. Harbison, 688 So. 2d 876 (Ala. Civ. App. 1997) (Social Security received by child on account of former husband's disability is income to him, and he is entitled to credit); Self v. Self, 685 So. 2d 732 (Ala. Civ. App. 1996) (it is an abuse of discretion to deny father credit for Social Security benefits received by child on account of father's disability); Miller v. Miller, 890 P.2d 574 (Alaska 1995); Cash v. Cash, 234 Ark. 603, 353 S.W.2d 348 (1962); Lopez v. Lopez, 125 Ariz. 309, 609 P.2d 579 (Ct. App. 1980); In re Marriage of Denny, 115 Cal. App. 3d 543, 171 Cal. Rptr. 440 (1981); Williams v. Williams, 560 So. 2d 308 (Fla. Dist. Ct. App. 1990); Perteet v. Sumner, 246 Ga. 182, 269 S.E.2d 453 (1980) (citing Horton v. Horton, 219 Ga. 177, 132 S.E.2d 200 (1963)); In re Marriage of Henry, 156 Ill. 2d 541, 622 N.E.2d 803 (1993); Childerson v. Hess, 198 Ill. App. 3d 395, 555 N.E.2d 1070 (1990); Newman v. Newman, 451 N.W.2d 843 (Iowa 1990) (citing Potts v. Potts, 240 N.W.2d 680 (Iowa 1976)); In re Marriage of Dyer, 21 Fam. L. Rep. (BNA) 1591 (Iowa Ct. App. Sept. 22, 1995); Ellis v. Berry, 19 Kan. App. 2d 105, 867 P.2d 1063 (1993); Andler v. Andler, 217 Kan. 538, 538 P.2d 649 (1975); Miller v. Miller, 929 S.W.2d 202 (Ky. Ct. App. 1996); Folds v. Lebert, 420 So. 2d 715 (La. Ct. App. 1982); Cohen v. Murphy, 368 Mass. 144, 330 N.E.2d 473 (1975); Frens v. Frens, 191 Mich. App. 654, 478 N.W.2d 750 (1991); Mooneyham v. Mooneyham, 420 So. 2d 1072 (Miss. 1982); Weaks v. Weaks, 821 S.W.2d 503 (Mo. 1991) (en banc); McClaskey v. McClaskey, 543 S.W.2d 832 (Mo. Ct. App. 1976); In re Cowan, 279 Mont. 491, 928 P.2d 214 (1996); Hanthorn v. Hanthorn, 236 Neb. 225, 460 N.W.2d 650 (1990); Griffin v. Avery, 120 N.H. 783, 424 A.2d 175 (1980); Romero v. Romero, 101 N.M. 345, 682 P.2d 201 (Ct. App. 1984); Guthmiller v. Guthmiller, 448 N.W.2d 643 (N.D. 1989); McClure v. McClure, 22 Fam. L. Rep. (BNA) 1566 (Ohio Ct. App. 9/27/96); Young v. Young, 105 Ohio App. 3d 701, 664 N.E.2d 1232 (1995); Nazworth v. Nazworth, 931 P.2d 86 (Okla. Ct. App. 1996); Wilson v. Stenwall, 868 P.2d 1317 (Okla. Ct. App. 1992); Preston v. Preston, 435 Pa. Super. 459, 646 A.2d 1186 (1994); Children & Youth Services v. Chorgo, 341 Pa. Super. 512, 491 A.2d 1374 (1985); Pontbriand v. Pontbriand, 622 A.2d 482 (R.I. 1993); Lovett v. Lovett, 311 S.C. 279, 428 S.E.2d 874 (1993); Grunewaldt v. Bisson, 494 N.W.2d 193 (S.D. 1992); Hawkins v. Peterson, 474 N.W.2d 90 (S.D. 1991); Johnson v. Johnson, 948 S.W.2d 835 (Tex. Civ. App. 1997); In re Interest of Allsup, 926 S.W.2d 323 (Tex. Ct. App. 1996); Brooks (Nunley) v. Brooks, 881 P.2d 955 (Utah 1994); Davis v. Davis, 141 Vt. 398, 449 A.2d 947 (1982); Whitaker v. Colbert, 18 Va. App. 202, 442 S.E.2d 429 (1994); Farley v. Farley, 186 W. Va. 263, 412 S.E.2d 261 (1991); Hinckley v. Hinckley, 812 P.2d 907 (Wyo. 1991). The courts have based their decisions on the premise that Social Security benefits paid to children represent substituted income that is otherwise due to the obligor parent. In essence, a payor spouse is entitled to a credit for Social Security disability benefits received by that spouse's children, because the benefits represent a substitute for the payor's income. The benefits are thus substitute support, as support is derived from income.

This approach has also been adopted in the majority of states that addressed the issue in the guidelines themselves. Colo. Rev. Stat. § 14-10-115(16.5) (in cases where the custodial parent receives Social Security benefits on behalf of the children due to the disability or retirement of the noncustodial parent, the noncustodial parent's share of the total child support obligation shall be reduced in an amount equal to the amount of such benefits); Conn. C.S. and Arrearage G. (noncustodial parent receives credit for any Social Security benefits payable under such parent's account on behalf of the subject child); Idaho R. Civ. Pro. 6(c)(6)(sec. 11) (when disability or retirement benefits are received by child, the amount of compensation paid for the children shall be treated for all purposes as if the disabled or retired person paid the compensation toward the satisfaction of the support obligation and any arrearage); Mich. C.S.G., II(D) (when children receive dependent benefits based on the earnings record of the noncustodial parent, those benefits shall not be considered income to the custodial parent, but shall be considered payment toward the noncustodial parent's obligation of support); Utah Code Ann. § 78-45-7.7 (Social Security benefits received by a child due to the earnings of a parent may be credited as child support to the parent upon whose earnings record it is based).

While the discussion thus far has focused on disability and retirement benefits, the courts have applied the same rationale to survivor benefits as well. E.g., Bowden v. Bowden, 426 So. 2d 448 (Ala. Civ. App. 1983) (applying North Carolina law); In re Marriage of Meek, 669 P.2d 628 (Colo. Ct. App. 1983) (Social Security benefits paid to children on account of payor spouse's death satisfied decedent's support obligation, since such benefits represented money earned and contributed through efforts of working parent that substituted as income to worker's family on worker's death and as such constituted payments in the nature of support); Board v. Board, 690 S.W.2d 380 (Ky. 1985); Brewer v. Brewer, 244 Neb. 731, 509 N.W.2d 10 (1993); Gilford v. Wurster, 24 Ohio App. 3d 77, 493 N.E.2d 258 (1983); Pessein v. Pessein, 68 Wash. App. 893, 846 P.2d 1385 (1993). But see In re Marriage of Bertrand, 33 Cal. App. 4th 437, 39 Cal. Rptr. 2d 151 (1995) (survivor benefits received by child on account of parent's death cannot be used to satisfy parent's support obligation, rejecting argument that death is the ultimate disability). See generally Annotation, Right to Credit on Child Support Payments for Social Security or Other Government Dependency Payments Made for Benefit of Child, 34 A.L.R. 5th 447 (1995) (stating majority rule, listing cases).

Second, some states have held that a child's receipt of Social Security benefits does not per se require a dollar-for-dollar credit against an obligor's support obligation. Rather, these courts have stated that the proper procedure is for the court to carefully consider the effect of the receipt of benefits on the needs of the children at issue. If appropriate, the court must then make written findings of fact that the obligor's current obligation is unjust or inappropriate, and then offset the benefits received. Stultz v. Stultz, 659 N.E.2d 125 (Ind. 1995); DeLaOssa v. DeLaOssa, 291 N.J. Super. 557, 677 A.2d 1157 (App. Div. 1996); Graby v. Graby, 87 N.Y.2d 605, 641 N.Y.S.2d 577 (1996); Nibs v. Nibs, 625 P.2d 1256 (Okla. 1981); In re Marriage of Lawhorn, 119 Or. 225, 850 P.2d 1126 (1993); In re Marriage of Krompel, 129 Or. App. 394, 879 P.2d 223 (1994); Miller v. Bistransky, 451 Pa. Super. 433, 679 A.2d 1300 (1996); Chase v. Chase, 74 Wash. 2d 253, 444 P.2d 145 (1968). One state has adopted this approach in the guidelines. N.C. C.S.G.; see also Or. Admin. Reg. 137-050-0405.

Third, some courts have stated that a child's receipt of Social Security benefits is but a factor in considering the needs of the child. Ouellette v. Ouellette, 687 A.2d 242 (Me. 1996) (not entitled to offset; is deviation factor); In re Marriage of Haynes, 343 N.W.2d 679 (Minn. Ct. App. 1984). This same court has declared, however, that these payments to the children must be considered in measuring children's need for support. Green v. Green, 402 N.W.2d 248 (Minn. Ct. App. 1987). See also Kight v. Kight, 242 Ga. 563, 250 S.E.2d 451 (1978) (while the court disallowed a dollar-for-dollar credit, the court did state that the trial court must consider the wife's receipt of these funds as additional income available to the children in husband's modification action).

In sum, counsel must remember that Social Security benefits received by a child may be credited to the obligor's child support obligation if the benefits are received on the obligor's account, but in some states, the credit is not automatic.

PS - I AM NOT A LAWYER so do not take this at face value...but read up on it and contact a lawyer

Get him a good lawyer or check to see if you can find one free for him...it would be hilarious if the witch owed HIM and the courts did something. The fact is that if she is 30 and her mother was receiving that SS money, she should have notified the courts as well...I bet she never did. I know I would get more from SS than I would in CS if something happened to my son's dad...it might have been the same for her.