Sunday, October 13, 2013

An Interesting But Not Really Political Quick Fact: A Conundrum in Ohio

Donald Miller of Ohio disappeared years ago leaving behind a wife and two small children to whom he owed thousands in child support.  In 1994, Mrs. Miller, being desperate for funds to take care of her family, went to court to have him declared legally dead so she could apply for Social Security survivor benefits for her two children.

Now Mr. Miller has re-appeared in Ohio saying that he has been bumming around Florida since his disappearance, but now he wants to get a job and can't get anyone to hire him because his Social Security number is on record as belong to a dead man.  He asked the Ohio court to have him declared alive and to reactivate his Social Security number.

Ohio law prohibits this sort of reversal after three years of the original "you're dead" declaration. (This comes up so often that Ohio has a law to cover it?!)  The court denied his request.

Mr. Miller plans to appeal; but Mrs. Miller's lawyer is fighting against him.  Why?  Because, if he gets his way and officially regains his living status, the Social Security Administration will want Mrs. Miller and her children to return every penny they've received in benefits for the past 19 years with interest--money that she and they, of course, do not have.

Mrs. Miller would have to go back to court to sue Mr. Miller for all the back child support he owes--money he does not have, though getting a job would seem to be the first step in rectifying that.  (But having fled the state to avoid paying child support in the first place, would he be willing to pay now?)
And here we have a classic case of damned it you do--damned if you don't.

1 comment:

  1. child abandonment is a crime in Ohio. Mister Miller needs to be heald accountable and incarcerated.

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