My husband was married 12 years ago , and got a divorce. The mother of his son they had, remarried four years ago. My husband fell ill and almost died from diebeities complications. During this time recoporating he than went on SSD for Mental Illness,bi-polar. His ex wife took him to court and signed off and agreed to 200.00 deducted from his SSD every month. She also gets 650.00 which of half of what my husband gets total of 1,000.00 a month because he is on SSD. She is getting a grand total of 850.00 a month for this child. I have two child and a house and I only make 41,888.00 a year. I also receive 720.00 a month for my two child from there father. Apparently in there divorce decree, it states he is respondiable for half of medical expensise an now she wants half to put braces on the son. I quote, I have TWO children and receive 720.00 a month she has ONE child and gets a grand total of 850.00 a month... Can she get more money from him? The court granted the deduction of 200.00 already from his SSD. There is nothing in His name as far as my accests are concerned. Isn't she suppose to use that moneys for taking care of this child? NOT, BUY a new Ford Explorer? What are my husbands rights on this matter? Can she sue him for nothing cause he owns nothing? Can she get more money? That would affect my house hold income? PLEASE HELP!!

It isn't always fair, but at the end of the day you get what the state decides your child is owed, pay what the state decides you can afford to pay, all while trying to keep the child in as similar conditions as possible to those that existed while the parents lived together. I am guessing he has no other children to support, and obviously he can't claim yours, so even though he is married to you, he is not legally responsible for your children, therefore they are not taken into account when his monthly obligation is figured out. The only thing he can do is claim it is a hardship, and prove that it is significantly damaging his ability to pay bills, etc... That may get it reduced.

The state SSI payments is just because he is on SSI, it does not apply to child support, If this 200 is the lowest the court would allow your husband to pay, has he make application to the court to lower his 200 payment.

But the ex can always make a motion in court to get more money, but it would be based on his income, so I doubt it can change,

Thank you so much for all your help. He pays for his food,clothing,and medications with his big SSD check. He barely has enough for anything else. I support my husband one hundred percent with the moneys I earn. He has only seen his child three times in three years, and the last time the ex gave him in person paper work, she didn't even bring his son with her. He has been faithfully with no choice getting that deducted every month. He just can not afford to give her anymore moneys. I guess we are going to have to serve her with papers to reduce this payment she is getting now. She ruffled his feathers before to see if she could get more money, and agreed on the 200.00 a month and it actually lowered her payment than for what she is getting now.Talk about greed, Geesh, she gets all that money 850.00 a month, plus she has her fulltime job and her husbands income to boot. How wicked she is. Taking from someone who is disabled he didn't ask for this mental illness. I was just very concerned that she might try to get more moneys but as you said the court could grant him less,for the little he gets from SSD. Very sorry to say but I told him, every time she wants something more out of him, he still hasn't seen his son. I told him sorry to say but he should give up all parental rights , he doesn't see his son anyway. Let her husband adopt the step son. The son is 12 years old, only six more to go, and when he does turn 18 he can make up his mind to see his father or not.thank you very much for your help

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Originally Posted by jevan

Thank you so much for all your help. He pays for his food,clothing,and medications with his big SSD check. He barely has enough for anything else. I support my husband one hundred percent with the moneys i earn. He has only seen his child three times in three years, and the last time the ex gave him in person paper work, she didnt even bring his son with her. He has been faithfully with no choice getting that deducted every month. He just can not afford to give her anymore moneys. I guess we are going to have to serve her with papers to reduce this payment she is getting now. She ruffled his feathers before to see if she could get more money, and agreed on the 200.00 a month and it actually lowered her payment than for what she is getting now.Talk about greed, Geesh, she gets all that money 850.00 a month, plus she has her fulltime job and her husbands income to boot. How wicked she is. Taking from someone who is disabled he didnt ask for this mental illness. I was just very concerned that she might try to get more moneys but as you said the court could grant him less,for the little he gets from SSD. Very sorry to say but i told him, every time she wants something more out of him, he still hasnt seen his son. I told him sorry to say but he should give up all parental rights , he doesnt see his son anyway. Let her husband adopt the step son. The son is 12 years old, only six more to go, and when he does turn 18 he can make up his mind to see his father or not.thank you very much for your help

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please pray this all works our out for my husband.

I am on the opposite end of the child support SSI issue. My ex husband was held in contempt and jailed or non-payment of child support & medical payments. He owed the medical payments because he failed to provide insurance. I have 3 daughters and I never remarried. The judgment awarded in 2006 for non-payment was $20,165.00. His child support then was $631.00. He was ordered to pay $150 per month on his judgement arrears plus the current support. He has paid the arrearage amount down to about $16,000.00; however, since 2006, he has not provided insurance or paid medical payments. He now owes an additional $6753.00 in medical payments. I have had 2 daughters graduate, (1 married and 1 in college). I have 6 months before my youngest child graduates high school. Now, keep in mind that I have been dealing with these issues since 2000 when we divorced. Now, in 2009, he decided to retire with SSI benefits. My two remaining minor girls then received a lump sum of $14,000 in SSI benefits, and each received $742 per month until one of the minor children left graduated. All child support and arrears stopped. It was only SSI benefits they were receiving. Once my 2nd girl graduated, she no longer received SSI and my youngest daughter began receiving $942. Now we are back in Court because my ex husband wants the $14,000 received to be credited toward his arrears. He also wants a deduction in the SSI benefits being paid to my remaining minor daughter. I, became qualified to receive disability benefits in 2006 but have not filed. I continue to try to work. I have recently had to file for SNAP food assistance and may be forced to finally file for disability. I have 1 girls in college and my youngest will begin college in 2011. College will cost somewhere around $50,000 per year. My daughter in college has no vehicle. My youngest inherited a 2000 model car from her grandparent. I have no vehicle. My exhusband has not visited nor talked to his daughters since 2003 by his own neglect. Never sent a birthday wish, graduation card or wedding card. I don't feel that the SSI should be applied to his arrears or be reduced. My daughters have survived hardships by the lack of $20,165.00 in arrears, no insurance and no medical payments. I had 3 daughters in braces to the tune of $15,000. When I became disabled in a car accident, the two minor daughters were with me. They weren't hurt bad, thankfully, but they needed medical after care that they didn't receive because they had no insurance and I was hospitalized so I couldn't pay for their after care myself. My ex-husband is married to a women with no children. He lives in a nice house with her. He owns another house that belonged to us when we were married. He owns 200 acres of land that he leases for hunting. I feel that my children deserve to keep the SSI they have received and that he should still have to pay the $18k+ om arrears and $6k+ in medical. That money would pay for college for one of them for a year. Why is SSI considered support? If he wasn't in arrears, would the girls get to keep that lump SSI payment they received?