Kingsgrl
Jun 21, 2012, 08:27 PM
I was disabled when my husband and I divorced. We have 2 minor children. Until recently, I was receiving aid from the state for my disability as well as they paid me my child support amount even if my ex didn't pay.
He currently owes the state back child support in the amount of $5000. Because I am no longer disabled and don't get state aid, his arrears to me is just a few hundred dollars. The current USO orders him to pay $168 a month to me for child support and $100 a month towards his arrears. In two months my portion of arrears will be paid up and the state will retain the money to reimburse itself for monies paid to me on his behalf.
We were in court yesterday for several matters and he surprised me by filing a motion to have the child support order re-examined. It was a surprise because the current USO was just signed in April 2012. His lawyer states that they are hopeful that he will win his disability claim which has been denied 3 times so far.
The motion asks that if he is awarded disability, that the amount our children receive from SS on his behalf count towards his child support which obviously makes sense. The part I am questioning is his request that any lump sum amount awarded to the children count towards his arrears. Is that standard procedure? Or would it come out of his lump sum payment? If it comes out of the kids portion, would it just be for the back child support? I think any penalties or interest should come out of his pocket since his lack of payment is the reason he owes it.
Just so you know I'm not some bitter ex trying to stick it to him, when I first heard he was fired in January of 2011, I told him he should go to court to have his child support amount reduced. Because I suggested he should do something, he of course didn't. That's why he owes so much in back child support. He waited until 13 months later to go to court and he couldn't understand why they wouldn't just forgive that amount.
He currently owes the state back child support in the amount of $5000. Because I am no longer disabled and don't get state aid, his arrears to me is just a few hundred dollars. The current USO orders him to pay $168 a month to me for child support and $100 a month towards his arrears. In two months my portion of arrears will be paid up and the state will retain the money to reimburse itself for monies paid to me on his behalf.
We were in court yesterday for several matters and he surprised me by filing a motion to have the child support order re-examined. It was a surprise because the current USO was just signed in April 2012. His lawyer states that they are hopeful that he will win his disability claim which has been denied 3 times so far.
The motion asks that if he is awarded disability, that the amount our children receive from SS on his behalf count towards his child support which obviously makes sense. The part I am questioning is his request that any lump sum amount awarded to the children count towards his arrears. Is that standard procedure? Or would it come out of his lump sum payment? If it comes out of the kids portion, would it just be for the back child support? I think any penalties or interest should come out of his pocket since his lack of payment is the reason he owes it.
Just so you know I'm not some bitter ex trying to stick it to him, when I first heard he was fired in January of 2011, I told him he should go to court to have his child support amount reduced. Because I suggested he should do something, he of course didn't. That's why he owes so much in back child support. He waited until 13 months later to go to court and he couldn't understand why they wouldn't just forgive that amount.