Hello,

I recently went to a downward modification hearing on behalf of my husband who has suffered a stroke and is currently disabled. As his Power of Attorney, I submitted his Social Security award letter and all of his medical documentations. I was surprised when the hearing examiner requested our tax return and my recent pay stubs. I didn't come prepared to provide my finances as I was under the impression that child support is based on the biological parents net income. Therefore, the hearing was adjourned for the end of the month until I can bring in my income. What does my income have to do with anything? My husband and I have 3 small children. He has one older child with his ex-girlfriend. Please help me understand why my income is so important that the case had to be adjourned? As a step parent, will my income be factored into the child support obligation? Due to my husband's disability, I currently earn more than he does.

Depends on where you live. Also if he is getting SSD then the children may be entitled to get it also. What state is this in?

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Originally Posted by califdadof3

Depends on where you live. Also if he is getting SSD then the children may be entitled to get it also. What state is this in?

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We live in NJ and yes each child will be receiving a monthly benefit (including my stepson). I guess I also want to know if the monthly benefit my stepson will be receiving from SSD will replace his child support payment or will this be in addition to child support payments?

In addition to having 3 small children, a handicap husband, a job and a home to run this whole downward modification of child support payments is very confusing and frustrating. Does my husband have any rights due to his disability and does the court take into consideration our children's child care expenses and the overwhelming amount of medical expenses that seem to arrive daily in the mail. Thanks so much for your input.

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Originally Posted by rudeestar

We live in NJ and yes each child will be receiving a monthly benefit (including my stepson). I guess I also want to know if the monthly benefit my stepson will be receiving from SSD will replace his child support payment or will this be in addition to child support payments?

In addition to having 3 small children, a handicap husband, a job and a home to run this whole downward modification of child support payments is very confusing and frustrating. Does my husband have any rights due to his disability and does the court take into consideration our children's child care expenses and the overwhelming amount of medical expenses that seem to arrive daily in the mail. Thanks so much for your input.

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It looks like from what Im seeing your income doesn't apply and there may be a discount for money coming from his ssd benefit. Also there are sections for extrodinary expenses that must be court approved. (its called a deviation) but if they are requesting your numbers then you must present them. Do you have a lawyer with you for this?

Ref:

Child Support Guidelines

No I don't.