She says I need to write off $22,000

[griff]

My ex says I need to write off the $22,000 she owes me in back child support to be able to collect her disability that she just signed up for,is there any truth to that?

[Bryants]

That doesn't sound right to me, because even if disability claims went by income level, this isn't income she's getting, but rather giving. Sounds like she's trying to pull a fast one on you.

[Friend In Court]

Her disability may not be attachable, but any other assets she has just may. Child support cannot be just "written off." It is not dischargable in bankruptcy, and it accumulates until collected. The child may collect once they are of majority. A parent may not 'forgive' or waive child support since it is owed the child, the property of the child. She is attempting to stiff her own child. Great mom!!!

[goddessoflubboc]

No if she is going to collect disability (anything except SSI) those payments can be garnished to pay you back. She knows that. Do not agree to it, it has no impact on her disability. Which one does not just sign up for - she needs to apply and it may be some time before she gets an answer, which may not be positive.

As an aside - child support is for the parent/guardian, and they most certainly CAN waive its collection.

[Friend In Court]

Originally Posted by goddessoflubboc No if she is going to collect disability (anything except SSI) those payments can be garnished to pay you back. She knows that. Do not agree to it, it has no impact on her disability. Which one does not just sign up for - she needs to apply and it may be some time before she gets an answer, which may not be positive. As an aside - child support is for the parent/guardian, and they most certainly CAN waive its collection.

The "aside" is incorrect. Like most laymen this person believes that child support is for the parent -- not the property of the child which it is by law in all states. The parent is only the custodian of these funds. That is black letter law echoed in state after state. Do NOT rely upon this statement. A parent may NOT waive child support because it is not their property nor right to begin with.

I will do a post on child support, ownership, obligation and rights of the child in a forum soon -- supported by case law decisions from across the nation.

[goddessoflubboc]

Soon? I am still waiting your posting of the law that biological testing (DNA) is required even after an affidavit of paternity has been signed.

Yes, I am a layperson. With decades of experience in family law. Hands on experience. I have been a case manager in IV-D child support agencies as well as a paralegal in private law firms. All of which I have mentioned.

What we've gotten from you is ::crickets:: so don't tell me I'm wrong until you can back it up. (I've already posted cites showing what I've said to be accurate).

[Friend In Court]

I will post on the subject. Since the post will be documented with cites from many states, covering also other issues, it will be of some length.

You can post right here any citation you have that says child support is the property of the custodial parent and not the property of the child. Let us ALL see that case.

And while you are at it, you might want to explain why child support is not taxable to the recipient nor deductible to the obligor. But alimony is. IRS code I am speaking of. Your reply will be illuminating to all. As well as the cases that come down clear on the point that child support is the property of the recipient and not the child. We all will appreciate that enlightenment.

[goddessoflubboc]

Directly from the Federal Child Support oversight agency:

I am over 18. Can I collect support from my noncustodial parent?

[goddessoflubboc]

As to the IRS, child support is non-taxable unearned income to the recipient. To the obligor it is just another bill like the electric bill.

Using your logic however, as per the following child support would be taxable to the child:

Publication 929 (2011), Tax Rules for Children and Dependents

Which, as we all know, is not the case.

[Friend In Court]

Sorry, but child support is not taxable by the IRS because, (1) support of one's child is part of the ordinary day to day expenses of a parent, (2) and child support is the property of the child, not the custodial parent. That is the law, not personal opinion. That is why child support is not attachable when the parent's assets are up for grabs to a creditor. Because it is not the parent's property, but the child's. It is not dischargeable in bankruptcy, either, when the parent files. Being the property of the child, back support is collectible by the child once they reach their majority.

When one makes a flat out statement of what the law is on a point, they should be able to back it up with the statute or case law citations.

Because the ownership of child support is an ongoing question with much misconception as to what the law is, whose property it is, I will be putting up a separate post on this issue -- supported by case law authorities from around the country.

Ditto for the parent "signing a birth certificate." Birth certificates are issued by the state -- after a Certificate of Live Birth is issued by the delivering physician or midwife. They are not signed by the parent. A father, putative or otherwise, signs an Acknowledgement of Paternity -- not the actual birth certificate.