The Mouthy Mother

When a non custodial parent files for disability....

2012-04-24T08:47:00.001-07:00

What can you do when the non custodial parent files for or gets disability, and claims they cannot pay child support because of it? Are there laws to protect your children? Are there laws that still hold the non custodial parent financially responsible for your children? YES there are!!! Laws and legislation's have been put into place to help provide for children who's non custodial parent receives disability. While it does have certain conditions that apply, such as the non custodial parent needs to have enc-rued enough work history for the children to receive a regular ssi payment from them. If the non custodial parent has not done so, be sure to bring that up in child support court, that the non custodial parent is NOT recently disabled, but has shown a history of non working.However, THIS PAGE tells the basic legalities of this law. It also has helpful links to direct you in a place you need to go to enforce these laws.

What can a custodial parent do when a non custodial parent is denied disability, and continues to not work and continues to apply for disability instead of work? As we all know, the disability program is abused greatly. I have been sending a great deal of time trying to find the actual percentage of non custodial parents who have filed for disability, only after being given a support order. Often times, a non custodial parent will continue to apply for SSI, to get out of having to work and pay child support. These non custodial parents often times get state services to pay for their needs while they continue to apply, and fail to financially support their children. As long as a non custodial parent continues to apply, and receives state services, they are not made to work, and often times only have to pay the state minimum of $25 a month in child support, despite having the ability to work, and despite the number of children they have left behind. Gaining this information has proven difficult, but rest assured, I have devoted myself to finding it. It is my belief that the disability program is abused many times by people trying to get out of paying child support. This robs the general public, it also hurts people who are truly disabled as it creates a larger case load for already over worked Dr's and case workers in the disability program.

New York State Child support Laws...its time for a change!!!

2012-04-22T09:02:00.000-07:00

Here is a law referencing child support in regards to child care expenses that the custodial parent incurs...this law is almost NEVER asked for or enforced. Again, it is up to us to spread the word and let parents know they have a right to get help with child care.

New York child support includes "add on" child support obligations that parents must pay for their children. Those add on expenses are in addition to the Basic Support and include unreimbursed medical expenses and daycare expenses.

Reasonable day care expenses incurred to allow a custodial parent to work, to seek work, or to allow a custodial parent to enroll in educational programs that will lead to employment will be paid by both parents. The important word on this issue is "reasonable". Reasonable can include paying a day care provider for a full week of daycare when the children only attend daycare four days. Some day care facilities will not care for children on a part time basis. Others require that the daycare be paid every week, even if the family is away on vacation. These and other requirements of the day care provider can seem harsh. In fact, many non-custodial parents will claim that the custodial parent purposely obtained the most expensive daycare available because of those requirements.

The obligation to pay day care expenses is based upon an apportionment of the parents' incomes. If one parent earns 40% of the the combined parental income, that parent will pay 40% of the daycare expense in addition to the basic child support amount. For example, if the weekly day care expense is $100, that parent will pay $40.

http://www.jeanmahserjian.com/new-york-child-support.html

This article writes on poverty, in either custodial or non custodial parents..and the laws that protect them. I would like to point out however, that if a custodial parent was stricken with such poverty, and COULD not support the children in the home, the state would step in and remove them. Why, then, is it ok for a non custodial parent to declare such poverty, and not have to be responsible for their child/children? Should the state not step in, and decide the non custodial parent is unfit financially, and take matters that would be taken if the custodial parent was not fit financially for the children? Double standards my friends, double standards. In New York State, it is ok to be poor and not pay child support. However, if you are the custodial parent, and are poor, and do not receive child support, the state will most certainly step in and take the children in question, often times giving the children to the non custodial parent, who will then file for state services, that the original parent could not get because they worked. I also, have ever heard of or seen a child support order in NYS that imputes the non custodial parents income. If a non custodial parent CAN work, and is employable, this should be set into place, sadly it is NOT!!!

Second is the situation where the parent is very poor although not receiving any form of public assistance. If the noncustodial parent's child is receiving TANF cash benefits, the state agency will wish to force that parent to go to work so that he/she can pay child support to offset the cost of public assistance. The agency is likely to allege that the noncustodial parent is employable and urge the court to impute income to him/her.[61]

http://s242739747.onlinehome.us/publications/child_support_issues_for_parents.htm

This one is set in stone, yet another one that is almost NEVER enforced. Many non custodial parents stop working, or take a less paying job the moment they are taken to court for child support, there for only having to pay the state minimum of $25, regardless of how many children they have left behind. Its time for a change. Many states have it set up so that the non custodial parent has to pay what they would pay IF they were working at least minimum wage. Doing so encourages the non custodial parent to actually work, because they have to pay that money whether they do or not...

If the court determines that a parent has reduced income in order to avoid their child support obligation, the court may impute additional income to the parent based on their former resources or income. See DRL 240 1-b(b)(5)(v).

http://www.jdbar.com/Articles/basic-child-support.html

It is time for New York State parents to stand up and rise against this injustice to our children. Trust me when I say, if we could not or WOULD not work and take care of our children, they state can and WILL step in and take them. This is a double standard here in NY. Non custodial parents should have the same standards as a custodial parent does.

I was originally going to write this post about the amount of non custodial parents, and percentages who receive disability, and do not have to pay because of that. Apparently finding this info is harder than I though. I will continue my search into this matter.

HELP is available!!

2012-04-17T10:09:00.000-07:00

Many citizens, especially those without a lot of money who already struggle, find it hard to be treated fair in todays socieety of corporationed state run programs, child support, visitations, tennant laws etc. This web site was brought to my attention by a very dear freind of mine. Why programs like this isnt common knowledge I will never understand. There are comercials every day on the telly for orginizations such as PETA, Orginizations for starving children in other countires, comercials for felons who need help after prison, but for some reason, no one seems to think that regular every day people have a right to KNOW about programs for us. In New York state, if your rights have been infringed upon, and you are being treated dirty, The New York Civil Liberties Union is the first place you should turn to. Many times when you are being treated illegally, you do not know that you don't have to follow blindly what some Hot Head in an office building has told you. We live in fear ladies and gentlemen, that if we stand up for ourselves, for our children, that we will lose what is dear and precious to us. Sadly, that is exactly what happens to citizens who don't know how to fight for their rights. Please, keep this link for my fellow New Yorkers, and share it. Maybe you wont need it today, maybe your neighbors wont need it today, but visit it, save it, support them. Volunteer to help a family, volunteer to do some legal research, use their services when you are being harassed and scared and the state is telling you that you have no rights in a matter. This Union is set up to protect us from a state that insists what they say and do is law. This Union covers every thing right down to family law. Have your rights and freedom been crushed ??? Do you know someone who is scared of doing what is right simply because a state worker has told them they are above the law???

For my readers who do not live in New York, don't worry!!! The civil Liberties Union is nationwide, and there are chapters in every state to help protect people and their civil rights!!! Here is the link for the nationwide chapter, to refer you to your state. Here is American civil Libeties Union

Its already been passed...but not enforced...

2012-04-16T00:38:00.000-07:00

The bill also added a new FCA §437-a to authorize the Family Court to require the non-custodial parent of a child to seek employment, or to participate in job training, employment counseling or other programs designed to lead to employment, where such programs are available, if he or she is unemployed at the time the court is establishing the support order unless he or she is in receipt of supplemental security income (SSI) or social security disability (SSD) benefits.

http://rochesterfamilylawyer.korotkinlaw.com/2010/09/08/upcoming-changes-to-new-yorks-child-support-law-and-social-services-law/

I WILL be stopping at the court house tomorrow...spread the word...work program and enforcement HAS been passed...if parents don't know, then they cannot ask for the courts to make it happen!!!!!! Share this news with anyone and everyone who will listen to you! Stand up for our children!!!

Sure...show them mercy???

2012-04-15T23:23:00.000-07:00

I just read this disgusting article. The writer, oddly enough a women's rights advocate, has decided that dead beat parents are being given a bad rap and should be shown some mercy. Really? It isn't bad enough the laws are so flawed, and most children are already suffering due to dead beat parents? Now we have people wanting to show them mercy??? Take a gander. Please be sure to share your opinion with her.

Dead Beat Parents...

2012-04-15T13:55:00.000-07:00

HERE is an article based on the act Bill Clinton passed in 1998 dealing with dead beat parents who evade child support. It contains some really great information for those who cannot find the parent, or when the other parent refuses to pay. Often times if a family isn't receiving some sort of services, then they cannot get help through the local DSS run child support unit. This article tells you what the laws are and places you can turn for help. Stay tuned....tomorrows blog will be on dead beat parents who REFUSE to work, and the state judicial system that supports them..... But first, an excellent quote from this article...

"One of the main reasons single mothers go on welfare is that fathers have failed to meet their responsibilities to the children," he added.

He said that, while much needed to be done yet, the new law was an important measure to improve the quality of life for children.

"One way or the other -- people who don't support their children will pay what they must," Clinton said.

Tired of the reign of terror???

2012-04-15T08:24:00.000-07:00

Reign of terror, that seems to strong, yet oddly enough, is the truth. human beings, just like you and me, are in charge of making decisions on the behalf of whether or not people much like you and me, should be allowed to have our children. Are there cases that truly need intervention??? HELL YES!!! Are there cases that are a load of bologna, and are a simple abuse of power on the case of the so called state worker? HELL YES!!! What can you do when you know that legally, a social worker is harassing you, lying about or to you, and making false accusations, destroying your life, ruining your home, and or worse??? Its simple... I got an email on facebook the other day from someone who works for this system( because as we all know, they are not all corrupt, some of them are just hard honest working people just like you and me!!!) There is an organization that deals with the licensing and investigating of the CPS organization. If you, like myself, have had your life turned upside down, lost your job, your home, your reputation, simply because you have, such as in my case, rubbed someone the wrong way, I suggest you visit NASW..... it is there job to determine if a worker is corrupt, or whether a whole county office of workers are corrupt. If enough of us stand together, we CAN make a difference!!! I suggest you visit this link, share this link, let the world know we are not alone, and that there are programs that hold these corrupt workers responsible for their actions!!! Do it now, do it today. If not for you, for your neighbor, the father next to you at church, the grandmother behind you in line at the grocery store....CPS has no boundaries, and none is safe from their lies and terror!!!

The problem with Women..

2012-04-13T00:00:00.002-07:00

Because women, apparently, have been determined ignorant and not capable of making choices for our own bodies.......

Nothing gets me mouthier then a bunch of politicians, CO's, and men deciding women cannot possibly be intelligent enough to deliver children or make their own birth control options without them. I mean, women have only been having babies for.....oh hundreds of thousands of years....

The The Feminist Breeder is one of my favorite blog reads. She may even be mouthier than me, she does have that nice law degree in progress to back her up tho:)

2012-04-12T15:14:00.001-07:00

Because my life is not full of beauty at this moment, I wanted to post a picture of something beautiful to make me feel better.... Yes my children are beautiful to me, but putting 4 boys, a mouthy mother, 1 TV, and 1 bathroom in a hotel room together for well over a week now, is not a beautiful thing!!!!!!! Hence....the beauty above:) I makes me wish spring would finally hit New York Sate. It also makes me wish we weren't having to accept some crappy apartment in the city, knowing I will not see beauty such as this in my yard this year, or even that of my neighbors.