SPARC Forums

Ok.  BM was ordered to pay CS at final divorce proceedings.  Has tried everything imaginable to get out of it and finally succeeded last summer by applying for SSI benefits and after 2 tries qualified.  CS order was then determined to be closed as of the date she had qualified for benefits.

EXCEPT, prior to that date she was not working (well working for cash)and had racked up roughly 1000.00 in arrears.  To this date that is just sitting there doing nothing.  CS agency says there is no enforcement order to collect arrears.  Therefore the case can not close until the arrears are paid up, but until they collect for arrears it will stay open, but they say they can't collect for arrears because there is no order to collect...(did I lose ya yet?)

Now BM is receiving benefits AND working part time, just enough on and off to maintain benefits.

1. Doesn't the CO prior to the one that was just ordered still maintain when there is no mention of dropping the arrears?  It just says case closed as of November XX, 2005 (date of acceptance of SSI).

2. Do we/what do we file to collect arrears to get the case closed?

(we want it to close so then she will reenter the world of employment, and we can reopen in our county, which is a little less po-dunk then the one we are dealing with)

Thanks!

Ps. Everyone in MN

>1. Doesn't the CO prior to the one that was just ordered still
>maintain when there is no mention of dropping the arrears?  It
>just says case closed as of November XX, 2005 (date of
>acceptance of SSI).

I don't know. The facts you present are unclear, and probably irrelevant. Some states will not use SSI as support income because it is paid to compensate someone for a loss (diability), rather than as income. Evidently MN is one of the states.

>
>2. Do we/what do we file to collect arrears to get the case
>closed?

You should be able to close the case by simply telling CSE that you want to close the case and proceed on your own in court. If they won't, then you'll need to go to court and get a money judgment for the arrears, so that CSE can enforce that judgment.