You're still legally dead, judge tells man

[GURPS]

You're still legally dead, judge tells Fostoria man


Miller said he would like to start his life again, or "whatever's left of it." He asked the court to reverse its 1994 death ruling so he can reinstate his canceled Social Security number and driver's license.

The court said no.

Miller may still be able to challenge the Social Security Administration in federal court. However, his attorney, Francis Marley, said Miller does not have the resources to do so.

"My client's here on a wing and a prayer today," Marley said.

Miller's ex-wife, Robin Miller, had asked for the death ruling so Social Security death benefits could be paid to their two children.

Donald Miller was last reported in Arcadia around 1986 and was declared dead in 1994, she has said.

Robin Miller declined to testify on Monday.

She said after the court hearing that Donald Miller left the state with hefty child support bills. He was scared of a jail term, she said.

He owed about $26,000 in overdue child support by 1994, she has said.

Robin Miller opposed his request for a change in the death ruling, because she does not want to repay the Social Security benefits. She does not have the money, she said.

so with NO Body or Proof of Death the Ex-Wife had him declared dead .... lovely

he should remain 'dead' and skip out on the back child support

 

[terbear1225]

reading into this of course but sounds to me like the wife was put in a dire financial situation after ex disappeared so he wouldn't have to pay his child support. She took a legal route to help support her children. It's not unheard of to have someone who has disappeared completely declared dead. for all she knew he could have been dead in his car at the bottom of a lake somewhere (couple cases of that recently, right)

my opinion is, make him pay back the back child support and the SS death benefits before he can be declared legally "alive"

 

[dontknowwhy]

He's been declared dead & can't even get his life reinstated by presenting his living self to a judge??

This would be a survivalist's dream come true!!
My, the plethora of illegal opportunities to partake in!!

 

[Toxick]

Sounds like somebody found an Obamacare loophole.

 

[GURPS]

This would be a survivalist's dream come true!!
My, the plethora of illegal opportunities to partake in!!

yeah can you be convicted of a Crime if you are 'Legally Dead'



I realize in 'old' times, if someone wanted to make a point, they would dig up someones corpse and hold a trial, get a conviction, and bury the poor sod again

 

[Vince]

He's been declared dead & can't even get his life reinstated by presenting his living self to a judge??

This would be a survivalist's dream come true!!
My, the plethora of illegal opportunities to partake in!!

If illegals can come into this country, get ID, drivers license, social security card, why can't he just start a new identity and a new life. :shrug:

 

[dontknowwhy]

yeah can you be convicted of a Crime if you are 'Legally Dead'



I realize in 'old' times, if someone wanted to make a point, they would dig up someones corpse and hold a trial, get a conviction, and bury the poor sod again

Some of the comments from the article say you can"t but IMO, I would think you could be charged & convicted posthumously

The problem comes during the investigations for, if this was me...the multiple crimes being committed.
It would create such a headache for detectives when all the evidence, profiling, & criminal makeup leads them back to a person who is legally dead

video footage..."can't be him...he's dead"
eyewitness account..."can't be him...he's dead"
fingerprints..."impossible!!...he's dead!!"

I mean, before a detective would put 2 and 2 together, common sense & everything learned over the years would cloud over their gut instinct.

and I would think the biggest roadblock would be the Judge that left him dead.
Judges' egos rarely allow them to admit their judgement call was foolish, so to get him to state, "yes, I know him. he was in my courtroom but I left him legally dead" probably wouldn't happen. The Judge, in all his narcissism & power trip would do his best to obstruct justice, not even considering the consequences of those actions

 

[czygvtwkr]

This should excuse him from paying social security out of his paycheck.

 

[bresamil]

When someone disappears and stays gone for 7 years, they can be declared dead if every reasonable effort has been made to find them. It was necessary to do this in order to get the benefits for the children that he abandoned. It's on him to do all the pay back. She had to struggle for those 7+ years on her own while he lived off the grid.

 

[edinsomd]

And we're supposed to feel sorry for this deadbeat dad, why?

 

[jazz lady]

 

[cwo_ghwebb]

When someone disappears and stays gone for 7 years, they can be declared dead if every reasonable effort has been made to find them. It was necessary to do this in order to get the benefits for the children that he abandoned. It's on him to do all the pay back. She had to struggle for those 7+ years on her own while he lived off the grid.

I had possession of my boy and girl (since mom bailed out) when they were 1 and 2. Court ordered child support of over $500 a month. If you are active duty military, it comes right our of your paycheck. Come to MD. Have to wait a year for residency. Master rules she owes me $24K. Payable at $25 a month. Yeah, that's fair. Since I haven't received a penny yet, I just can't wait to live to 145 to get my money back.

 

[bresamil]

I had possession of my boy and girl (since mom bailed out) when they were 1 and 2. Court ordered child support of over $500 a month. If you are active duty military, it comes right our of your paycheck. Come to MD. Have to wait a year for residency. Master rules she owes me $24K. Payable at $25 a month. Yeah, that's fair. Since I haven't received a penny yet, I just can't wait to live to 145 to get my money back.

Yeah my niece's ex was about 10K behind and the master told him to start paying what's owed monthly and add $10 to it until it was paid off. Of course if he didn't pay anything at all......he did end up in jail twice for nonpayment but his parents only had to pay 10 percent of what he owed to get him out. And when the youngest hit 18 his case was cancelled even though he still owed that 10K plus.

 

[cwo_ghwebb]

Yeah my niece's ex was about 10K behind and the master told him to start paying what's owed monthly and add $10 to it until it was paid off. Of course if he didn't pay anything at all......he did end up in jail twice for nonpayment but his parents only had to pay 10 percent of what he owed to get him out. And when the youngest hit 18 his case was cancelled even though he still owed that 10K plus.

I didn't get anything. Remarried in my mid 40's, kids were in their 4's and 5's and still I was still paying child support. Sucked but got over it.

But liberals still wonder why I hate government.

 

[b23hqb]

If illegals can come into this country, get ID, drivers license, social security card, why can't he just start a new identity and a new life. :shrug:

Excellent point. All he needs to do is make up a new name, obtain all the proper credentials the way illegals do it, and he is the new man. All he has to say is his mom was hispanic in her country, his dad was an American in her country for spring break, knocked her up, so now he is in the US to receive his benefits, and promises to vote for obama.

If, for some reason he gets prosecuted for it, legally the govt will have to take about 10 million or so other illegals with him.

Other than that, dude is still a deadbeat. No getting around that.