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    viviram's Avatar
    viviram Posts: 4, Reputation: 1
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    #1

    Apr 10, 2012, 11:47 AM
    In FLORIDA 23yr old son receives SSI will SSI affect his child support amount he rece
    We live in Florida. My 23yr old mentally retarded/autistic son receives SSI and I want to know if the SSI he receives will be adjusted in the amount of child supportthat his non custodial father has to pay. Will they deduct the SSI amount from the amount of child support due thereby reducing the child support payment. My son has this condition since birth. He has graduated from school and is now under my care 24/7, I can not be employed to care for him therefore I am not able to provide financially since I am his caretaker 24/7. Please advise if the SSI amount will be reduced from his father's child support obligation.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #2

    Apr 10, 2012, 11:49 AM
    Is the obligation by Court Order, something else?

    The Court Order should address this. If not, you need to go back to Court.

    Need more details - is this something relatively new (the support obligation)?
    viviram's Avatar
    viviram Posts: 4, Reputation: 1
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    #3

    Apr 10, 2012, 12:51 PM
    The original divorce decree did not specify that child support was to be eternal, because my attorney did not include it. My attorney who prepared the divorce papers dropped the ball, I realize it now. Can we push the child support with original divorce agreement or do I need to file new new case. The support order was established in 1995 when we were divorced my son was 5 yrs old and undergoing evaluations to determine his specific labeling to enter the public school system. Please advise what I should do.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Apr 10, 2012, 12:56 PM
    What is the wording on the divorce decree? Has his father been paying since 1995 or did he stop paying when your son reached adulthood/age of majority? Support very often continues for the life of the child when there is substantial disability.

    Sorry to have so many questions but I need a little more info
    viviram's Avatar
    viviram Posts: 4, Reputation: 1
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    #5

    Apr 10, 2012, 02:06 PM
    The divorce decree does not state any permanence for my son's child support. Father stopped paying in June 2011, he states that he does not have any obligation to pay because divorce decree does not state so. (As I said attorney who did my divorce papers lacked in addressing this situation and I did not know any better either). Son is mentally retarded/autistic his IQ is 25 has no speech, can't read or write, depends on me for all of his daily living activities.can not care for himself.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Apr 11, 2012, 05:44 AM
    What would I do? I would go back to Court and request child support based on your son's health. Make sure you have medical documentation - which I'm sure you have.

    In Florida if a child is dependent - as your son is - child support is for the life of the child.
    viviram's Avatar
    viviram Posts: 4, Reputation: 1
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    #7

    Apr 11, 2012, 06:26 AM
    Do I need to open a new case? Since my son is an adult can I petition in his behalf?
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Apr 11, 2012, 07:09 AM
    Yes, you petition as the mother of a special needs chlld. The Court Clerk should (and that should be in quotes) be helpful to you in fiing the papers. If not is there an organization near you that provides legal services to people with handicaps?
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