View Full Version : Minnesota child support and ssdi
harleyjean1
Sep 1, 2010, 05:12 PM
Ex wife court ordered 350. Month and now I'm on ssdi and she gets 900. That's quit a bit more and now she wants more for medical stuff how can she get more child support case is closed on the case shess taking me to court for more what can I do to stop the leach. J
GV70
Sep 2, 2010, 08:33 AM
Social Security Disability Insurance (SSDI) can be calculated and/or garnished to pay child support payments. SSDI benefits are funded from the money you as a worker paid into the Social Security system (through employment taxes) when you were still working. The amount of SSDI benefits you get is based on how much you earned/how much you contributed into the Social Security system (via taxes). When employees become disabled and are unable to work, these SSDI payments act as a replacement of income. According to the federal government, because SSDI is considered a substitute for lost wages, it can be calculated and/or garnished for child support payments.
A benefit of SSDI is that children of the disabled workers that receive SSDI payments may qualify to receive SSDI benefits until a certain age as well, and these payments can be subtracted from the child support owed.
Your child support obligation must be calculated according your state child support guidelines.
ScottGem
Sep 2, 2010, 09:45 AM
A Child support case is never closed until support has ended. It is subject to review and modification as income levels change. There may be limitations in your state about how long the petitioner has to wait before they can request another modifications.
GV70
Sep 2, 2010, 10:17 AM
Minn. Stat. § 518A.39, subd. 2, para. (a).
Modification of support can be obtained based on:
(1) substantially increased or decreased gross income of an obligee or obligor;
(2) substantially increased or decreased needs of an obligee, obligor, or child;
(3) receipt of public assistance;
(4) change in the cost of living for either parent;
(5) extraordinary medical expenses of a child;
(6) a change in the availability of appropriate health care coverage or a substantial
Increase or decrease in health care coverage costs;
(7) addition of or substantial increase or decrease in child care costs; or
(8) emancipation of a child.
Minn. Stat. § 518A.39, subd. 2, para. (b).
There is a presumption of a substantial change in circumstances, and the terms of an order are
Rebuttably presumed to be unreasonable and unfair if:
(1) applying the guidelines would change the current order by at least 20 percent and at
Least $75 higher or lower per month; or if the current order is less than $75 per month,
It results in an order at least 20 percent per month higher or lower;
(2) the medical support provisions of the current order are unenforceable;
(3) the health care coverage ordered is not available to the child;
(4) the current order is for a percentage and not a specific dollar amount;
(5) the gross income of an obligee or obligor has decreased by at least 20 percent through
No fault or choice of the party; or
(6) a deviation was granted because the child lived in a foreign country and the child no longer resides in the foreign country or the factor is no longer applicable.