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kittscw · Oct 4, 2011, 03:18 PM

How is Child support affected when a father receives SSDI? There are 2 children living with Mom under the age of 18.

JudyKayTee · Oct 4, 2011, 04:02 PM

Are you asking about Court-ordered child support? If so, the Court decides how it affects what the non-custodial spouse pays. Two people can't just change a Court Order (nor is that wise).

If this is something new you have to go back to Court.

Also need to know what State/Country.

kittscw · Oct 4, 2011, 05:43 PM

Thanks for the quick reply. The state is VA. Unfortunately, my wife is reluctant to take the father to court and doesn't want to create a stink - basically for the children's sake. We live in a nice house and the kids get their needs met. I am paying child support for 2 kids out of my salary to my ex-wife. I feel like I am being fairto my kids and so should the father of my step-kids. In Oct 2010 he suffered a severe stroke, but up to that time, he had a great job making a lot more than me. In April 2011 he was approved for SSDI under Social Security. He had a disability policy with Cigna and I am not sure what the terms are with it. There could be a SS offset because he is now wanting to stop paying any child support whatsoever because his children are receiving a benefit from SS that is about what he paid us when he was working. We are meeting tomorrow and I just need some advice other than take him to court. How is child support and SSDI affected by the other? Thanks

JudyKayTee · Oct 5, 2011, 07:08 AM

You don't have an Order so nothing is affected by SSI - the father pays what he wants, when he wants. Only the Court can set the rules. If he WANTS to cooperate, that's good and there's no need to go to Court. If he doesn't, you have no leverage.

Here's the State calculator which sets it all out: Child Support Obligation Calculator - Virginia Department of Social Services