We live in NC. My husband was just approved for SSDI, he has MS. His usual child support payment is $325/month. That judgement was made in NJ while my husband was gainfully employed making $50,000+/year. On SSDI he gets $23,000/year. That is our only income for a family of 4.
We had to sell our house and have very little money to spare. How can we figure out what to pay monthly without spending thousands in lawyer fees?
Also, I've heard that SSDI is supposed to pay your child support. Is this true in every case? If not, what are the reqirements?

SSDI does not pay child support, sorry. If I am not mistaken, any SSDI payments your husband gets cannot be forced to be paid to child support. A friend of mine was on disability and the girlfriend wanted child support paid. The judge in his case did not award her child support as his SSDI payments could not be touched. Your husband is going to have to get his child support payment modified also through the court. Ask his attorney this question also.

Quote:

---

Originally Posted by nutthouse

We live in NC. My husband was just approved for SSDI, he has MS. His usual child support payment is $325/month. That judgement was made in NJ while my husband was gainfully employed making $50,000+/year. On SSDI he gets $23,000/year. That is our only income for a family of 4.
We had to sell our house and have very little money to spare. How can we figure out what to pay monthly without spending thousands in lawyer fees?
Also, I've heard that SSDI is supposed to pay your child support. Is this true in every case? If not, what are the reqirements?

---

To reduce the support payments you would have to go back to Court and show changed circumstances - which you certainly can document.

I don't know much about SS disability but I have a neighbor whose "X" is disabled and collects SSD and I know she receives monthly benefits for her children. I don't know any more than that about it.

Have you asked SS what is available for your husband's children?

(Sorry to hear your husband has MS.)

Where I live, when he becomes disabled, he will no longer be found in contempt of court for failure to pay. And, his liability for support going forward is what social security pays for each child. He needs to be certain that he gave SSA the information about all of his dependents: "Benefits are paid to three types of children:
Minor child (under age 18)
Adult disabled before the age of 22
High school student under age 19"
See more at: Types of Benefits
Your husband should check with his lawyer as to his liability under the judgement and whether he should have it modified.

Quote:

---

Originally Posted by twinkiedooter

SSDI does not pay child support, sorry. If I am not mistaken, any SSDI payments your husband gets cannot be forced to be paid to child support. A friend of mine was on disability and the gf wanted child support paid. The judge in his case did not award her child support as his SSDI payments could not be touched. Your husband is going to have to get his child support payment modified also through the court. Ask his attorney this question also.

---

It's hord now but it will get easer on you your helping to support your kids it's support to pay child support. U could in up in jail if you don't. If you ask god to help you he will all you need is some faith. My dad has to pay child support. He was in bad car reck and he stop paying for a wile because he was having protyles with money but now he's paying it

Quote:

---

Originally Posted by ALCIE L

It's hord now but it will get easer on you your helping to support your kids it's support to pay child support. u could in up in jail if you don't. If you ask god to help you he will all you need is some faith. my dad has to pay child support. he was in bad car reck and he stop paying for a wile because he was having protyles with money but now he's paying it

---

While this may or may not be inspirational and uplifting this man is trying to pay child support as ordered on a greatly reduced income - you have not given legal advice in general and your "you could end up in jail if you don't" advice is NOT legally sound.

In the majority of states, a disabled parent is entitled to a full credit in his or her child support obligation for social security payments received by a minor child because of the parent's disability. In other states, the amount of the benefit received is deducted from the total child support of both parents, and the remainder of the obligation is then divided between the parents in proportion to their incomes.