Ask Experts Questions for FREE Help !
Ask
    harleyjean1's Avatar
    harleyjean1 Posts: 1, Reputation: 1
    New Member
     
    #1

    Sep 1, 2010, 05:12 PM
    Minnesota child support and ssdi
    Ex wife court ordered 350. Month and now I'm on ssdi and she gets 900. That's quit a bit more and now she wants more for medical stuff how can she get more child support case is closed on the case shess taking me to court for more what can I do to stop the leach. J
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #2

    Sep 2, 2010, 08:33 AM

    Social Security Disability Insurance (SSDI) can be calculated and/or garnished to pay child support payments. SSDI benefits are funded from the money you as a worker paid into the Social Security system (through employment taxes) when you were still working. The amount of SSDI benefits you get is based on how much you earned/how much you contributed into the Social Security system (via taxes). When employees become disabled and are unable to work, these SSDI payments act as a replacement of income. According to the federal government, because SSDI is considered a substitute for lost wages, it can be calculated and/or garnished for child support payments.

    A benefit of SSDI is that children of the disabled workers that receive SSDI payments may qualify to receive SSDI benefits until a certain age as well, and these payments can be subtracted from the child support owed.


    Your child support obligation must be calculated according your state child support guidelines.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    Sep 2, 2010, 09:45 AM

    A Child support case is never closed until support has ended. It is subject to review and modification as income levels change. There may be limitations in your state about how long the petitioner has to wait before they can request another modifications.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #4

    Sep 2, 2010, 10:17 AM

    Minn. Stat. § 518A.39, subd. 2, para. (a).
    Modification of support can be obtained based on:
    (1) substantially increased or decreased gross income of an obligee or obligor;
    (2) substantially increased or decreased needs of an obligee, obligor, or child;
    (3) receipt of public assistance;
    (4) change in the cost of living for either parent;
    (5) extraordinary medical expenses of a child;
    (6) a change in the availability of appropriate health care coverage or a substantial
    Increase or decrease in health care coverage costs;
    (7) addition of or substantial increase or decrease in child care costs; or
    (8) emancipation of a child.


    Minn. Stat. § 518A.39, subd. 2, para. (b).
    There is a presumption of a substantial change in circumstances, and the terms of an order are
    Rebuttably presumed to be unreasonable and unfair if:
    (1) applying the guidelines would change the current order by at least 20 percent and at
    Least $75 higher or lower per month; or if the current order is less than $75 per month,
    It results in an order at least 20 percent per month higher or lower;
    (2) the medical support provisions of the current order are unenforceable;
    (3) the health care coverage ordered is not available to the child;
    (4) the current order is for a percentage and not a specific dollar amount;
    (5) the gross income of an obligee or obligor has decreased by at least 20 percent through
    No fault or choice of the party; or
    (6) a deviation was granted because the child lived in a foreign country and the child no longer resides in the foreign country or the factor is no longer applicable.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

SSDI and Child Support [ 19 Answers ]

James, My son's father is $30,000 in arrears for child support. My son is 16. The minimal support received since our divorce when our son was 3 coming from this man had to be garnished or somehow forced. I know this is a different matter, but I feel I should be compensated for this also! Before...

Ssdi and back child support [ 16 Answers ]

If a parent is behind on child support for 2 years and the other parent has been supporting the child 100%.the father and son got a backpayment check he was 7000 behind in arrears .he got a lawyer and had the courts use the child's backpay to cover his 7000 in arrears.why can he keep his but the...

Child collecting back pay from parent ssdi and child support [ 7 Answers ]

My dad is disabled and child support and disabilty have been taking money out of his ssd check every month for my sister and I, but being in foster care there has been no payee for either of these for the past several years. I'll be 18 this year and my dad told me I could collect the money that's...

SSDI and child support issues [ 1 Answers ]

Hi all, This is new to me, so any feedback is good feedback. I recently got approved for SSDI for serious health issues. My child support was around 600 a month and through Temp disability I kept up with that and childcare as well as providing insc for my daughter. I am a non-custodial parent that...


View more questions Search