Ask Experts Questions for FREE Help !
Ask
    nutthouse's Avatar
    nutthouse Posts: 12, Reputation: 2
    New Member
     
    #1

    Jan 31, 2008, 12:26 PM
    How do I figure my child support payment now that I'm on SS
    We live in NC. My husband was just approved for SSDI, he has MS. His usual child support payment is $325/month. That judgement was made in NJ while my husband was gainfully employed making $50,000+/year. On SSDI he gets $23,000/year. That is our only income for a family of 4.
    We had to sell our house and have very little money to spare. How can we figure out what to pay monthly without spending thousands in lawyer fees?
    Also, I've heard that SSDI is supposed to pay your child support. Is this true in every case? If not, what are the reqirements?
    twinkiedooter's Avatar
    twinkiedooter Posts: 12,172, Reputation: 1054
    Uber Member
     
    #2

    Jan 31, 2008, 12:51 PM
    SSDI does not pay child support, sorry. If I am not mistaken, any SSDI payments your husband gets cannot be forced to be paid to child support. A friend of mine was on disability and the girlfriend wanted child support paid. The judge in his case did not award her child support as his SSDI payments could not be touched. Your husband is going to have to get his child support payment modified also through the court. Ask his attorney this question also.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #3

    Feb 1, 2008, 10:20 AM
    Quote Originally Posted by nutthouse
    We live in NC. My husband was just approved for SSDI, he has MS. His usual child support payment is $325/month. That judgement was made in NJ while my husband was gainfully employed making $50,000+/year. On SSDI he gets $23,000/year. That is our only income for a family of 4.
    We had to sell our house and have very little money to spare. How can we figure out what to pay monthly without spending thousands in lawyer fees?
    Also, I've heard that SSDI is supposed to pay your child support. Is this true in every case? If not, what are the reqirements?

    To reduce the support payments you would have to go back to Court and show changed circumstances - which you certainly can document.

    I don't know much about SS disability but I have a neighbor whose "X" is disabled and collects SSD and I know she receives monthly benefits for her children. I don't know any more than that about it.

    Have you asked SS what is available for your husband's children?

    (Sorry to hear your husband has MS.)
    George_1950's Avatar
    George_1950 Posts: 3,099, Reputation: 236
    Ultra Member
     
    #4

    Feb 1, 2008, 11:22 AM
    Where I live, when he becomes disabled, he will no longer be found in contempt of court for failure to pay. And, his liability for support going forward is what social security pays for each child. He needs to be certain that he gave SSA the information about all of his dependents: "Benefits are paid to three types of children:
    Minor child (under age 18)
    Adult disabled before the age of 22
    High school student under age 19"
    See more at: Types of Benefits
    Your husband should check with his lawyer as to his liability under the judgement and whether he should have it modified.
    ALCIE L's Avatar
    ALCIE L Posts: 1, Reputation: 1
    New Member
     
    #5

    Feb 1, 2008, 11:37 AM
    Quote Originally Posted by twinkiedooter
    SSDI does not pay child support, sorry. If I am not mistaken, any SSDI payments your husband gets cannot be forced to be paid to child support. A friend of mine was on disability and the gf wanted child support paid. The judge in his case did not award her child support as his SSDI payments could not be touched. Your husband is going to have to get his child support payment modified also through the court. Ask his attorney this question also.
    It's hord now but it will get easer on you your helping to support your kids it's support to pay child support. U could in up in jail if you don't. If you ask god to help you he will all you need is some faith. My dad has to pay child support. He was in bad car reck and he stop paying for a wile because he was having protyles with money but now he's paying it
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
    Uber Member
     
    #6

    Feb 1, 2008, 11:52 AM
    Quote Originally Posted by ALCIE L
    It's hord now but it will get easer on you your helping to support your kids it's support to pay child support. u could in up in jail if you don't. If you ask god to help you he will all you need is some faith. my dad has to pay child support. he was in bad car reck and he stop paying for a wile because he was having protyles with money but now he's paying it


    While this may or may not be inspirational and uplifting this man is trying to pay child support as ordered on a greatly reduced income - you have not given legal advice in general and your "you could end up in jail if you don't" advice is NOT legally sound.
    GV70's Avatar
    GV70 Posts: 2,918, Reputation: 283
    Family Law Expert
     
    #7

    Feb 1, 2008, 09:17 PM
    In the majority of states, a disabled parent is entitled to a full credit in his or her child support obligation for social security payments received by a minor child because of the parent's disability. In other states, the amount of the benefit received is deducted from the total child support of both parents, and the remainder of the obligation is then divided between the parents in proportion to their incomes.

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!

Child support. How do they figure the amount? [ 2 Answers ]

I have insurance through the state (wi). My child support will be set at 17%. I am wondering if they figure out an average from past checks or if it is 17% of whatever he is making at the time.

Birth certificate/child support payment [ 10 Answers ]

If anyone can tell me or help me out with who I should contact about this situation it would be much appreciated. I am a 20 year old male that lives in Austalia. I have only just turned 20 and my girlfriend:confused of seven months has told me she is pregnant and planning to keep it. It came as...

Stop Child Support Payment [ 5 Answers ]

My son has turned 18 as of April - he has not completed high school - was expelled the last 2 years. I have had no contact with him due to his mother for the past 16 years so I cannot say if he will be attending school again or not in the fall or if it will be full-time - I do know he is still...

Non Payment of Child Support [ 1 Answers ]

My ex has not paid his court ordered child support in a year. I have a writ of Execution from the court, but have no idea where he banks. When in the state of California can I have him arrested for non payment, it has run into the thousands.


View more questions Search