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    logical1's Avatar
    logical1 Posts: 1, Reputation: 1
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    #1

    Jul 6, 2008, 09:47 AM
    Playing a disability against the parent
    Our son is 13 years old but his father and I have never been married and live separate lives. His father has had regular visitation rights (not via court) but because we have worked it out. We both live in our own separate house. However, when my son was 5, his father was in a car accident that left him paralyzed from the chest down. My son has been receiving SSI payments in the amount of $634/month and it has increased every year to now $704 per month. I pay insurance, schooling, food, clothing, dental and every trip, activity or want my child desires. Recently, I asked the father to pay half for braces that my son needs and he said he doesn't have the income and to use the SSI money. However, he is planning a wedding, lives in a house (although I don't know how he is paying the mortgage), takes trips and lives okay, despite his disability. I know that he DJ's for some parties (my son told me). Can I get him to pay for half of the braces? He believes his $704 is more than enough to cover our growing son per month. Is this correct? Should I pursue the matter in court? I really try to be fair but he does play his disability on me and I feel bad about his situation. Please advise. My sons braces cost $4395.00
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
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    #2

    Jul 6, 2008, 10:11 AM
    Quote Originally Posted by logical1
    ...Can I get him to pay for half of the braces? He believes his $704 is more than enough to cover our growing son per month. Is this correct? Should I pursue the matter in court? I really try to be fair but he does play his disability on me and I feel bad about his situation. Please advise. My sons braces cost $4395.00
    You probably will not be able to get dad's help without a court order.
    stinawords's Avatar
    stinawords Posts: 2,071, Reputation: 150
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    #3

    Jul 6, 2008, 10:44 AM
    You will have to go to court. When you petition the judge for an increase in support you will need to prove that the father is bringing in a large income because as much as I hate to say it because I know how expensive kids are there are a lot of single parents that aren't even getting as much as you are right now. It would help if you have a lawyer because he/she will know exactly how to supoena all the financial records for the father that are needed to show how much he makes.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Jul 6, 2008, 01:23 PM
    Yes, there is no way to make him and even if you went to court, it is possible that the court may not require him to pay for braces.
    This is part of the issues of not getting a child support order years ago.
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