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angelae02 · Sep 24, 2008, 07:40 PM

I am trying to help my son, we live in KY and He really needs all the help he can get.. He pays 3/4 of his SSI ck every month in child support.
I would like to find out if this is really legal.

stinawords · Sep 24, 2008, 08:01 PM

If that is the amount he was ordered to pay then yes he has to pay it. Was the order done before or after he got on SSI? If it was before and his SSI is significantly less than he was making he can apply for a modification unless again he is only ordered to pay the minimum it can't be any lower than tha. So really no one can give you a clean cut answer until we know a little more about the situation.

Fr_Chuck · Sep 24, 2008, 09:21 PM

Child support is or should be based on a percent of the income. If child support was based on prevoius earnings, they need to go back to court to get it reset.
Also is this just current child support or is it also back support

fjsmith81 · Sep 24, 2008, 09:26 PM

I don't know, I heard that once a child support order is set the only modifications that can be made to it is an increase, but that's in the state of Illinois. My sister just got an order to receive 400 dollars a month, and they told her that that is the set minimum and even if he looses his job he still has to pay the 400.

twinkiedooter · Sep 25, 2008, 06:29 AM

If proper documentation is presented to the Judge through a Modification Motion for Reduction of Child Support, the monthly support should be allowed to be reduced per the Order of the Court. The amount can be increased or decreased according to the documentation presented in Court.

JudyKayTee · Sep 25, 2008, 06:53 AM

Originally Posted by fjsmith81

I don't know, I heard that once a child support order is set the only modifications that can be made to it is an increase, but that's in the state of illinois. My sister just got an order to receive 400 dollars a month, and they told her that that is the set minimum and even if he looses his job he still has to pay the 400.

It's not true that child support can only be increased, not decreased, including in the State of Illinois. I don't know who told you that but I certainly hope it wasn't an Attorney.

It can be changed if there are sufficiently changed circumstances.

And, yes, all States have minimums. The OP's son may be paying the minimum OR there may be changed circumstances and he hasn't filed for a reduction.

fjsmith81 · Sep 25, 2008, 07:29 AM

Originally Posted by JudyKayTee

It's not true that child support can only be increased, not decreased, including in the State of Illinois. I don't know who told you that but I certainly hope it wasn't an Attorney.

It can be changed if there are sufficiently changed circumstances.

And, yes, all States have minimums. The OP's son may be paying the minimum OR there may be changed circumstances and he hasn't filed for a reduction.

This is what the judge told my sister. I don't know if that pertained specifically to my sister's case, but I know no matter what her child support will never decrease.

JudyKayTee · Sep 25, 2008, 08:12 AM

Originally Posted by fjsmith81

This is what the judge told my sister. I don't know if that pertained specifically to my sister's case, but I know no matter what her child support will never decrease.

If your sister is receiving the minimum child support in Illinois, which it appears she is, of course it will never decrease - not unless the Law is changed.

I'm sure you realize that this does not mean no one's child support can be decreased - just those receiving the minimum.

I think we're saying the same thing, more or less, but from different angles.