Stipulation Doesnt seem right!

[JoePant]

Soc,

I had a lawyer in my Family Law case up unitl about 2 weeks ago when I decided to take over my case in Pro Per because of things like this. I received in the mail today a copy of a document that I had no knowledge about. My old lawyer did not call, or consult me in regards to it. My signiture is not on the paper anywhere as I have never seen it before. Thew document reads exactly as follows:

-

Petitioner (me) shall apply for any state/federal disability derrivitive benifits avaiable to the minor child, inlcuding but not limited to child maintenance/support, child care and health insurance benifits. Said benifits shall be assigned to the custodial parent Amber (mother of child) and respondent). Respondent sha;; be given all information and benifit cards necessary to obtain all available benifits by petitioner.

-

It was signed by my old attourney Amber's attourney, Amber and the Judge and was filed. But where its says petitioner thers nothing there. I did not sign it.

I am on SSI as my only source of income. I did apply for Healthy Families which is a low cost health insurance for my son and was approved. I gave her a health card. I applid for child care aid from the Department of Education and got it which covers his child care.

My problem is I am getting pressure from the other party to assign over benifits to my sons mother. This to me sounds not right and illegal. She works and makes a lot of money and is not disabled.

1. Is there a way for me to get this paper thrown out legally saying I had no consent to it or knowledge of it?

2. Is it legal for a mother to be assined over someones disability benifits?

3. On the paper it says custodial parent. The court never termed anyone as a custodial parent. So thats unture as well. Opinion?

4. I was told that federal law prohibits SSI benifts and or derrivitaces to assigned to anyone else can you please verify with case law or anything that this is true?

5. Anything else to help me squash this matter so I do not have to deal with the phone calls anymore with it.?

6. Is there a way I can get the court to remove or reject this paper from the file?

Thank You

[socrateaser]

>1. Is there a way for me to get this paper thrown out legally
>saying I had no consent to it or knowledge of it?

Derivative SSI benefits do not affect you in any way. They are for the child only. You could argue that you did not sign the document, but the judge did, and it has been ORDERED, not stipulated to. No right or interest of yours has been compromised by entry of this order, based on your posted rendition of the court order.

>
>2. Is it legal for a mother to be assined over someones
>disability benifits?

Yes. Your DERIVATIVE BENEFITS (those dervived from SSI, but available only to child. Not YOUR benefits.

>
>3. On the paper it says custodial parent. The court never
>termed anyone as a custodial parent. So thats unture as well.
>Opinion?

The mother has defacto custody, correct? Irrelevant.

>
>4. I was told that federal law prohibits SSI benifts and or
>derrivitaces to assigned to anyone else can you please verify
>with case law or anything that this is true?

Like I said, it's not your benefit, it's the child's derivative benefit.

>
>5. Anything else to help me squash this matter so I do not
>have to deal with the phone calls anymore with it.?

Yep. Sign up for the benefits.

>6. Is there a way I can get the court to remove or reject this
>paper from the file?

You could appeal, but I don't know why you would. I'm fairly certain that you are misconstruing the law. Why don't you try to find out what benefits may be available for your child from the various gov. agencies, that would not adversely impact you, so your child can make use of them? It would probably ease some of the anamosity between you and the other parent.

I think that you're fighting the wrong battle at the moment.

[JoePant]

Soc,

I had a lawyer in my Family Law case up unitl about 2 weeks ago when I decided to take over my case in Pro Per because of things like this. I received in the mail today a copy of a document that I had no knowledge about. My old lawyer did not call, or consult me in regards to it. My signiture is not on the paper anywhere as I have never seen it before. Thew document reads exactly as follows:

-

Petitioner (me) shall apply for any state/federal disability derrivitive benifits avaiable to the minor child, inlcuding but not limited to child maintenance/support, child care and health insurance benifits. Said benifits shall be assigned to the custodial parent Amber (mother of child) and respondent). Respondent sha;; be given all information and benifit cards necessary to obtain all available benifits by petitioner.

-

It was signed by my old attourney Amber's attourney, Amber and the Judge and was filed. But where its says petitioner thers nothing there. I did not sign it.

I am on SSI as my only source of income. I did apply for Healthy Families which is a low cost health insurance for my son and was approved. I gave her a health card. I applid for child care aid from the Department of Education and got it which covers his child care.

My problem is I am getting pressure from the other party to assign over benifits to my sons mother. This to me sounds not right and illegal. She works and makes a lot of money and is not disabled.

1. Is there a way for me to get this paper thrown out legally saying I had no consent to it or knowledge of it?

2. Is it legal for a mother to be assined over someones disability benifits?

3. On the paper it says custodial parent. The court never termed anyone as a custodial parent. So thats unture as well. Opinion?

4. I was told that federal law prohibits SSI benifts and or derrivitaces to assigned to anyone else can you please verify with case law or anything that this is true?

5. Anything else to help me squash this matter so I do not have to deal with the phone calls anymore with it.?

6. Is there a way I can get the court to remove or reject this paper from the file?

Thank You

[socrateaser]

>1. Is there a way for me to get this paper thrown out legally
>saying I had no consent to it or knowledge of it?

Derivative SSI benefits do not affect you in any way. They are for the child only. You could argue that you did not sign the document, but the judge did, and it has been ORDERED, not stipulated to. No right or interest of yours has been compromised by entry of this order, based on your posted rendition of the court order.

>
>2. Is it legal for a mother to be assined over someones
>disability benifits?

Yes. Your DERIVATIVE BENEFITS (those dervived from SSI, but available only to child. Not YOUR benefits.

>
>3. On the paper it says custodial parent. The court never
>termed anyone as a custodial parent. So thats unture as well.
>Opinion?

The mother has defacto custody, correct? Irrelevant.

>
>4. I was told that federal law prohibits SSI benifts and or
>derrivitaces to assigned to anyone else can you please verify
>with case law or anything that this is true?

Like I said, it's not your benefit, it's the child's derivative benefit.

>
>5. Anything else to help me squash this matter so I do not
>have to deal with the phone calls anymore with it.?

Yep. Sign up for the benefits.

>6. Is there a way I can get the court to remove or reject this
>paper from the file?

You could appeal, but I don't know why you would. I'm fairly certain that you are misconstruing the law. Why don't you try to find out what benefits may be available for your child from the various gov. agencies, that would not adversely impact you, so your child can make use of them? It would probably ease some of the anamosity between you and the other parent.

I think that you're fighting the wrong battle at the moment.