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    janet0130907's Avatar
    janet0130907 Posts: 2, Reputation: 1
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    #1

    Mar 23, 2012, 08:10 AM
    Motion to Vacate child support order which was denied
    My modification to extend through high school was denied because obligator is receiving SSI and I didn't appear. I admit it was an oversight on my behalf however I was away with our daughter getting her college and living arrangements in order for college in the fall. At any rate I want to know if I file a Motion to Vacate will I need to file any other type of motion and order to ask the hearing officer to reconsider? He owes arrears and a repayment plan for that was established so I don't know if it is worth going through all of this being that she graduates in June of 2012.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Mar 23, 2012, 09:39 AM
    The SS law states: "Parents who get SSI cannot be forced to pay child support. Parents who get SSD might be ordered to pay child support. Sometimes the SSD can count as the child support payment."

    I would "guess" that the modification was denied because of the law, not because you didn't appear.

    I don't think you'll get the modification, and, yes, I think you are wasting your time, and that's unfortunate.
    janet0130907's Avatar
    janet0130907 Posts: 2, Reputation: 1
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    #3

    Mar 23, 2012, 09:41 AM
    Thank you so much.
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