EFFECT OF SOCIAL SECURITY BENEFITS ON CHILD SUPPORT

SupportGuidelines.com | Article:

I. Social Security Benefits in General

Title II of the Social Security Act provides a federal grant of old-age and disability insurance benefits. 42 U.S.C. § 402. Upon satisfying the necessary age requirements, a fully insured Social Security retiree and a spouse or ex-spouse who was married to the retiree for at least 10 years are entitled to Social Security retirement benefits. Further, both fully insured workers who become disabled and their dependents are entitled to Social Security benefits.

Social Security benefits are not a vested right. Congress retains the right to alter, amend, or repeal any provisions of the Social Security Act.42 U.S.C. § 1304. Indeed, in Fleming v. Nestor, 363 U.S. 603, 80 S. Ct. 1367 (1960), the Court refused to analogize Social Security benefits to an accrued property right in the form of an annuity. The Court stated:

Each worker’s benefits, though following from the contributions he made to the national economy while actively employed, are not dependent on the degree to which he was called upon to support the system by taxation. It is apparent that the non-contractual interest of an employee covered by the act cannot be soundly analogized to that of the holder of an annuity, whose right to benefits is bottomed on his contractual premium payments.

Feming v. Nestor, 363 U.S. 603, 80 S. Ct. 1367, 1371-72 (1960).Accord In re Marriage of Nizenkoff, 65 Cal. App. 3d 136, 135 Cal. Rptr. 189 (1976) (Congress’s retention of Section 1304 f the Social Security Act reaffirms the view that Social Security benefits are not property); see also Richardson v. Belcher, 404 U.S. 78, 92 S. Ct. 254 (1971) (the expectation of public benefits under the Social Security Act does not confer a contractual right to receive the expected amounts).

Thus, Social Security benefits may not be treated as a property interest because Congress has retained the power to alter, amend, or repeal the benefits. The fact that Social Security benefits are not a vested right plays an important part in the courts’ determination that Social Security benefits are not subject to division on divorce.

Social Security benefits are also not transferable or assignable, and they are not subject to execution, levy, attachment, garnishment, or other legal process. 42 U.S.C. § 407(a). This section applies to benefits received as well as future benefits. Philpott v. Essex County Welfare Board, 409 U.S. 413, 93 S. Ct. 590 (1973). The anti-assignment provision, however, does not apply to legal process brought for the enforcement of an individual’s legal obligation to provide child support and spousal support. 42 U.S.C. § 659(a); see, e.g., Mariche v. Mariche, 243 Kan. 547, 758 P.2d 745 (1988). Thus, by the clear terms of the federal statute, Social Security benefits are to be considered funds available for the support of children.

http://studylib.net/doc/7524418/the-office-of-social-security-and-child-support

http://studylib.net/doc/7524418/the-office-of-social-security-and-child-support

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.

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American Family Courts and 1st Amendment violations of free speech

Part II — A Voice for Men

The tyrannical nature of Family Courts and their impact on fathers and children

Guy Mann recently penned his observations on the tyrannical nature of Family Courts and their impact on Fathers and Children.

Here we bring you the second and final part of his exposé.  ~ Via American family courts, the First Amendment, and violations of free speech: Part II — A Voice for Men

Non Payment of Child Support Indigent Defense | Turner v. Rogers

Turner v. Rogers and its Importance in Indigent Defense

| Criminal Law & Psychology Blog |

|Posted on November 2, 2010|

I wanted to take some time out of my schedule to discuss Turner v. Rogers while it’s still recent and I remember my thoughts on the matter.  First, I will provide some basic background on the case.  Then, I will discuss the basic legal and policy arguments of the case.  Finally, I will turn attention to my predictions and the importance of this case for indigent advocacy in general.

I. HISTORY OF THE CASE

What is this Turner v. Rogers case I’m talking about?  The answer, thankfully, is rather straightforward.  This case involves two indigent parents involved in a dispute over child support.  The mother, Ms. Rogers, brought a straightforward court claim against Mr. Turner for child support he owed to their daughter.  So far, nothing out of the ordinary.

The noteworthy aspect of the case is that Mr. Turner is indigent, a formal term for a person who is poor; presumably below the poverty line.  In terms of full disclosure, both Ms. Rogers and Mr. Turner were indigent parents.

The court in this case held Mr. Turner in contempt for failing to pay for his child support obligations.  A proper defense to this failure is an inability to pay based upon lack of necessary income.  If that’s the case, why did the judge hold Mr. Turner in contempt?  There is both a broad and specific answer.  The broad one is that the poverty defense is an affirmative one — one that a defendant must prove in order to avoid being held in contempt.  The specific answer is that Mr. Turner lacked an attorney, who would have certainly asserted this defense.

In these situations, a person can typically be held in either civil or criminal contempt, the specifics of which vary by jurisdiction.  This case occurred in South Carolina, where a person facing civil contempt may be incarcerated as a result.  That’s what occurred with Mr. Turner, who was sentenced to serve jail time for being what most us know in lay terms as being “a deadbeat dad.”

Mr. Turner appealed his case all the way up to the South Carolina Supreme Court on the grounds that he was entitled to have an attorney appointed for him since he could not pay for one on his own.  The South Carolina Supreme Court disagreed with his claim and, as a result, he petitioned the US Supreme Court to hear his case.

Lawyers would rather try heinous murder cases rather than one family law case.

Family law is not for the faint of heart, and institute teaches best principles and methods ~ Tulsa World

Family law is a tough practice.

Children’s futures are at stake. Homes and any monies involved are being divided. Cases turn ugly in a moment, and attorneys representing their clients must be prepared for these sometimes unexpected mood shifts.

Some Tulsa attorneys admit they would rather try a number of heinous murder cases rather than one family law case.

The researchers predicted that, after the children whose parents weren’t divorced, the children who lived with one parent would exhibit the fewest issues. However, these children were actually significantly more likely to experience various health problems

Judges have been heard to say they dread the controversial and contested family law cases because no one clearly is the winner and everyone loses when all cards have been played.

Even attorneys involved in a family law practice have difficult times because of the twists and turns a case might have. Shane Henry, who practices family law with the Fry and Elder Law Firm, said he consistently lost cases during his first three years in practice and knew he needed additional training.

The question was where to go.

Captured By A Gender Ideology

W.A.V.E. Women Against VAWA Excess

Title IX and the Office for Civil Rights: Captured by a Gender Ideology

Recently the National Organization for Women held its 50th Anniversary Conference in Washington, D.C. One of the sessions, “Ride the Title IX Wave: Expanding the Network and Protecting LGBTQIA Students,” revealed the extent to which the Title IX law and the Dept. of Education’s Office for Civil Rights have come under the sway of a controversial gender agenda – all in the name of promoting sex “equality.”

The session’s description stated:

“One excellent example of how Title IX compliance can be successfully applied comes from the University of New Mexico where a cross campus collaboration strengthened LGBTQIA inclusion and visibility. A tool kit will be distributed on how to work with university officials and the community to advance LGBTQIA interests, leverage legal liability and build a strong foundation for Title IX compliance.”

Confused about what “best interests of the child” means?

…so are judges, attorneys, and especially psychologists. So don’t worry, you’re not alone…

“Best Interests of the Child”
– Fact or Lyrical Poetry?

Family Court Professionals Disclose the Truth – Weightier Matter

Don’t worry, you’re not alone.  So are judges, attorneys, and especially psychologists.

At AFCC’s 2006 national conference in Tampa, FL, family court professionals gathered to discuss whether “family” or “parents’” rights were compatible with the “best interests of the child” standard.  But in comparing “rights” to “best interests,” the discussion took an unexpected turn to a more fundamental question:

What does “best interests” really mean?

Does it take a Ph.D. to know the answer?

Do judges know any better than lawyers, psychologists, or parents themselves?

Does anyone really know what “bests interests” means and how to determine it for any child or family?

A WEBSITE TO HELP PARENTS AND KIDS SUFFERING FROM PARENTAL ALIENATION SYNDROME

Defending Our Children and Families

“Don’t worry when you are not recognized, but strive to be worthy of recognition.” Abraham Lincoln.

The American Parents’ Pledge ( ESPAÑOL AQUÍ):

Another Dad’s Story~

On June 6, 2012, DCF (Department of Children and Families) came to my house with yet another one of multiple false DCF calls alleging that my whole family, my parents, my brother, my new wife and I were mistreating our children. That afternoon, I called my children and prayed with them a prayer I had taught them and had posted on my refrigerator, and which I even use to teach Sunday school children with, The Spiritual Armor of God found in Ephesians 6. To my surprise, my ex-wife that same night was delusional and called police and DCF around midnight alleging that I was scaring her and my children by telling them that an evil spirit would come and kill them all, and that she was scared that I was the evil spirit that would come and kill them (see denied Domestic Violence petition).

The accusation was so outlandishly foolish and laughable, especially in light of my ex’s history of Bipolar Disorder with psychotic features, Parental Alienation, and sociopathic behavior such as repeated false accusations, having an affair and absconding with my children in another country  (see letter to ambassador to Nicaragua, and e-mail with State Department), and because my own son had denied this accusation in a legally obtained phone recording, that I thought that there was no way a Judge would even waste his/her time with it, especially since a Judge had already considered similar accusations before, and she had been caught on camera assaulting me, and then lying to police showing with bruises all over her body, and her own ex-boyfriend had confessed what she had done when she decided to alienate him from their yet not even born son and came back to the U.S. to have their child. Unfortunately,  the original Judged had been changed, and I was completely wrong for I did not realize that I was dealing with the Miami-Dade Family Court system, and with some Judges that are flat out either incompetent or corrupt, and should have never been in Family Court in the first place.

Kangaroo (Family) Court Corruption Commission

Judicial Conduct Commission Renamed Kangaroo Corruption Commission | Leon Koziol.Com

It’s been awhile since Supreme Court Justice Abe Fortas depicted family courts in America as “Kangaroo” operations, see In re Gault, 387 US 1, 27-28. But Abe never came across New York’s Commission on Judicial Conduct. Now that’s a kangaroo commission if there ever was one. Its members are appointed by corrupt politicians such as Sheldon Silver (now in federal prison), Dean Skelos (convicted of federal crimes) and Andy Cuomo (currently under federal investigation). Governor Andrew Cuomo  prematurely dissolved his own corruption commission when testimony (i.e. me) began implicating the politicians who created it.

Another entity, the Joint Commission on Public Ethics, was created by the same trio of politicians in 2011 as part of a “Clean-Up Albany Act.” By 2015, state legislators were decrying it as “J-Joke” for its impotence. The chair of that Commission was recently named Chief Justice of New York’s high court by the same Governor Andy Cuomo who created both commissions. That should have all people visiting or doing business here very concerned.

Yeah there are so many taxpayer financed commissions these days that the public cannot figure them all out. Hell they all sound good, but what are they accomplishing? The third one (featured here) has kicked legitimate complaints against judges to the curb faster than its kangaroo sister commission in California (reported to have rejected more than 90% filed). It’s a nationwide epidemic calling upon the citizenry to make a stand. A rally has been set for September 17, 2016 at Lincoln Memorial in Washington D.C.  Be there !

As a result, this Judicial Conduct Commission has been renamed the Kangaroo Corruption Commission (KCC) by victimized litigants to accurately  describe the entity’s true character. Okay it’s not official yet, but we commoners who pay taxes and put up with their circus show like to be graphic with what’s really going on. We’re not so easily duped into believing that a catchy title with elite law firm members verify a genuine commitment to public service. They’re the foxes watching the chicken coup. So we call it as we see it.

Today I received yet another letter from “Jean M. Savanyu” clerk of the Commission advising me once again that Lewis County Family Judge Daniel King (“Dan King” as he introduced himself to my family court opponent on the phone) is just a-okay. Now for our 6,000 followers, you all know this can’t be right. Dan King has committed so much misconduct that anyone coming into “his” court should bring along a recorder (since he caused one of my secret custody proceedings to be unrecorded so his misconduct could be concealed).

Appealing such clear misconduct is equally impotent. In my case, the “honorable” Nancy Smith of the Fourth Department denied recourse against King when he issued a support violation order impossible to comply with because it required support payments to an agency without legal authority to accept it.

Dan King was simply abusing judicial office in retaliation for my (accurate) public criticisms of his incompetence (see listing below). Nancy is the only judge above trial level ever to be slapped on the wrist by the KCC for giving a glowing reference to a person she never met for personal and political gain as a judge. Does anyone seriously think she could be impartial here?

Lawyers and Politicians Actually Want You and Your Children To Suffer

Why Lawyers & Politicians Actually Want You and Your Children To Suffer

You might have noticed that the theme of our most recent publicity messages center around “sharing the truth”.

And there’s a reason for this: we’ve been seeing a rather robust effort on the part of our opposition to blatantly lie to the Public in an attempt to thwart Family Law reform.

In reality, this is not new.  Because they’ve been doing this for the last forty years or so.

Never the less, you’re probably seeing a ridiculous talking point come up a lot lately.  I’ve seen it all over, and it’s probably best described by a Facebook post I saw in the Love and Iron newsfeed from NC Fathers.  Here is the opening post:

“In speaking w/ a NC Legislator yesterday, she exclaimed that in many cases the only reason a non-custodial parent would want shared parenting or joint custody is so that they could lower child support payments.”

I then followed up with a post to that thread describing my disgust with National Organization for Women (NOW) and other anti-equal parenting lobbying groups; because it’s become apparent that this is one of the universal talking points that’s being injected into the public commentary – I’m simply seeing it all over.  Basically, here’s  what they’re saying:

Fathers for Equal Rights! #FatherlessDay

http://www.facebook.com/events/1301235423269917/