proud_parent
Senior Member
What is the name of your state (only U.S. law)? Iowa
Quick recap...
Dec. 2006: Dad was awarded temporary physical custody of his daughter
Jun. 2007: Mom was ordered to pay temporary support
Nov. 2007: Dad was awarded full custody and permanent support
May 2008: Dad applied to Child Support Recovery Unit for services
Mom has paid a total of $0 in support since the initial order was entered.
Today, Dad received notice from CSRU that it will terminate its services in July. Reason: "The obligor has a permanent and total disability. No evidence of ability to pay support exists."
Dad is incredulous (not to metion, peeved). At no time prior to establishment of orders did Mom assert that she was disabled or otherwise unable to work. Mom also has not petitioned to modify the court order.
The first time Mom made any mention of health problems was June 2007. She stated in an email to Kiddo, "Mommy had a seizure that made her very tired and I could not get out to a phone today." No further mention was made until Jan. 2008, when Mom stated in an email to Kiddo's therapist that she started having "convulsions" in Dec. 2006. Mom has never elaborated or otherwise discussed with Dad, except to state in Feb. 2008 that she did not intend to exercise visitation until "I'm healthy enough and ready to see her".
Mom HAS spent time blogging over the past year or so about her medical issues: seizures and severe back pain. She posted in Oct. 2008 that she had decided to apply for SS disability. Just last month she posted "they denied me because it's fast then [sic] actually looking at my case." She went on to complain that it could take "4 years" to get an appeal hearing.
Yet within just the past month, Mom has also blogged that she is working tirelessly between her husband's business (she posted a link to the website), her e-bay store, and her writing (she claims to have an e-book deal soon to be finalized).
I suspect Mom is unaware that Dad knows of these blogs. Although the blogs aren't proof of anything, they are detailed enough to give Dad serious doubts that she is prevented from earning any income.
Dad is mulling over what to do next. The letter from CSRU notes that he has the right to "discuss" CSRU's decision to terminate services, as well as the right to file a written appeal.
Here is the relevant section of the Iowa Administrative Code:
So, seniors...here are the questions:
1. Is there any benefit to Dad calling CSRU to discuss the decision to terminate? Is CSRU required to reveal the basis for concluding that Mom is permanently and totally disabled?
2. Does CSRU have authority to subpoena the SSA to verify whether a disability claim was filed, and if so, its status? (Dad's thought is that if Mom IS approved, Kiddo also should be eligible for benefits.)
3. Suppose that Dad does appeal. Should he provide hard copy documentation (i.e., emails, printouts from the website) with the written appeal? Or should he simply challenge the termination and wait until the hearing (if any) to provide such documentation?
4. Suppose that Dad appeals and is successful, and the CSRU case remains open. Is there any reason to hope that CSRU will step up collection efforts (bank levy, business tax intercept) as a result?
5. Suppose that Dad does not appeal. Would Dad retain the right to pursue future enforcement of the current arrears either through CSRU or in court? Stated another way, could choosing not to appeal now somehow come back to bite Dad later?
6. Am I correct in thinking that even if Mom is declared disabled, arrears will continue to mount until she files a motion to abate the current support order?
Quick recap...
Dec. 2006: Dad was awarded temporary physical custody of his daughter
Jun. 2007: Mom was ordered to pay temporary support
Nov. 2007: Dad was awarded full custody and permanent support
May 2008: Dad applied to Child Support Recovery Unit for services
Mom has paid a total of $0 in support since the initial order was entered.
Today, Dad received notice from CSRU that it will terminate its services in July. Reason: "The obligor has a permanent and total disability. No evidence of ability to pay support exists."
Dad is incredulous (not to metion, peeved). At no time prior to establishment of orders did Mom assert that she was disabled or otherwise unable to work. Mom also has not petitioned to modify the court order.
The first time Mom made any mention of health problems was June 2007. She stated in an email to Kiddo, "Mommy had a seizure that made her very tired and I could not get out to a phone today." No further mention was made until Jan. 2008, when Mom stated in an email to Kiddo's therapist that she started having "convulsions" in Dec. 2006. Mom has never elaborated or otherwise discussed with Dad, except to state in Feb. 2008 that she did not intend to exercise visitation until "I'm healthy enough and ready to see her".
Mom HAS spent time blogging over the past year or so about her medical issues: seizures and severe back pain. She posted in Oct. 2008 that she had decided to apply for SS disability. Just last month she posted "they denied me because it's fast then [sic] actually looking at my case." She went on to complain that it could take "4 years" to get an appeal hearing.
Yet within just the past month, Mom has also blogged that she is working tirelessly between her husband's business (she posted a link to the website), her e-bay store, and her writing (she claims to have an e-book deal soon to be finalized).
I suspect Mom is unaware that Dad knows of these blogs. Although the blogs aren't proof of anything, they are detailed enough to give Dad serious doubts that she is prevented from earning any income.
Dad is mulling over what to do next. The letter from CSRU notes that he has the right to "discuss" CSRU's decision to terminate services, as well as the right to file a written appeal.
Here is the relevant section of the Iowa Administrative Code:
So, seniors...here are the questions:
1. Is there any benefit to Dad calling CSRU to discuss the decision to terminate? Is CSRU required to reveal the basis for concluding that Mom is permanently and totally disabled?
2. Does CSRU have authority to subpoena the SSA to verify whether a disability claim was filed, and if so, its status? (Dad's thought is that if Mom IS approved, Kiddo also should be eligible for benefits.)
3. Suppose that Dad does appeal. Should he provide hard copy documentation (i.e., emails, printouts from the website) with the written appeal? Or should he simply challenge the termination and wait until the hearing (if any) to provide such documentation?
4. Suppose that Dad appeals and is successful, and the CSRU case remains open. Is there any reason to hope that CSRU will step up collection efforts (bank levy, business tax intercept) as a result?
5. Suppose that Dad does not appeal. Would Dad retain the right to pursue future enforcement of the current arrears either through CSRU or in court? Stated another way, could choosing not to appeal now somehow come back to bite Dad later?
6. Am I correct in thinking that even if Mom is declared disabled, arrears will continue to mount until she files a motion to abate the current support order?
