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Cristis0 · Apr 4, 2010, 07:22 PM

The biological father of my son refused to sign the birth certificate. I did prove paternity. When I asked for a child support order, I was denied, numerous times, for the fact that he is in the middle of filing for social security disability and waiting a decision. He has being considered disabled by the courts. He has a child support order for 2 other children that he pays and I was told it is because it was ordered before he became disabled. He owns his home. He also has a lot of money (including) an inheritance, however, lots of assets are in his mothers name. The money is in an account with his name and ends in erovocable trust fund. So, the question is how can he have to pay on 2 other children but my son isn't included and how can I find a way to prove that this man does have the ability to pay but hides his assetts? Is it true because he is disabled that he does not have to pay child support?

asking · Apr 4, 2010, 07:36 PM

Originally Posted by Cristis0

how can I find a way to prove that this man does have the ability to pay but hides his assetts?

A lawyer. I don't mean to be flip, but that's really what you need here. Your son's father probably has one. You need one too, hopefully a better one.

The disability decision could take a long time.

Fr_Chuck · Apr 4, 2010, 07:42 PM

There is no reason that even a person on disability will not be ordered to pay support, the issue will be the amount, not if they have to.

For some reason you are not filing or doing the motions correctly. You need an attorney to work on this,

Most areas have a min amount that is ordered for a child if they have no ability to pay

Cristis0 · Apr 4, 2010, 10:27 PM

Originally Posted by asking

A lawyer. I don't mean to be flip, but that's really what you need here. Your son's father probably has one. You need one too, hopefully a better one.

The disability decision could take a long time.

No, he does not have a lawyer. He is nothing but an unemployed drunk. Yes he has a big name in a small town and like I said , he lives on 350 acres and owns his log cabin, but he says the land is in his mothers name and I know for a fact that the farmer that pays the land rent pays it to his mother. Well pays to the " " " " family irrovacable trust fund. I have had some of the top lawyers around for some other issues, si if I thought I needed a lawyer I would have asked one. But I can't afford one right now. When I apply for support I just apply in PA and it goes through interstate compact to MD then back to PA with the outcome of denial because he is claiming disability. I am very well aware how long a SSD decision could take a long time. He has been denied twice and is on round three. But, now that you brought it up, not to be flip, will the SSD decision make a difference? That was my question! How can he be court ordered to pay on 2 other children but not mine.The court just keeps saying it's because he is disabled and that those children's order has been in line a long time. This is why I brought up the question of his assets and owning a home. I know I need a lawyer, but can't afford one, this is why I came to this ask me help desk and not a lawyer, not to be flip.So can anyone help me with out telling me I need a lawyer? Thank you so much.

Cristis0 · Apr 4, 2010, 10:32 PM

Originally Posted by Fr_Chuck

There is no reason that even a person on disability will not be ordered to pay support, the issue will be the amount, not if they have to.

for some reason you are not filing or doing the motions correctly. You need an attorney to work on this,

Most areas have a min amount that is ordered for a child if they have no ability to pay

Thank you very much. This is what I thought. However that is one of the problem. He is WAITING to find out from social security if he will be able to get disability. As of right now he is not "on disability" so basically, he has zero income. The key phrase is "waiting for decision" from disabilty. Sorry about my spelling.

cdad · Apr 5, 2010, 04:51 AM

As far as the SSD goes when he gets it the children should get it also. It is part of the benefits package.

stinawords · Apr 5, 2010, 09:35 AM

Yes the decision can and generally, will make a difference. Your child will also be able to get a check if the father is approved. Each state has a minimum amount of support that can be ordered. It sounds as if the two of you live in two different states. That could be the cause of some of the delays.