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gmoss · Nov 25, 2008, 08:42 PM

What are the federal guide lines, for the obligor, when he is on ssdi (Disability), and his income is less than the federal poverty level?

Fr_Chuck · Nov 25, 2008, 09:07 PM

There is no federal child support laws, the child support laws are set in the state that has authority over the case.

Normally there is a min amount of child support due. With that his children should be receiving money from SSD also.

stinawords · Nov 25, 2008, 10:34 PM

Every state has a minimum amount per month of support. The payor will need to go to court to have the support order changed bringing with the proof of SSD. There are no federal laws with that it will strictly be whatever the state minimum is plus as noted the children can receive a monthly check from SSD as well.

cadillac59 · Nov 26, 2008, 04:50 PM

Originally Posted by stinawords

Every state has a minimum amount per month of support. The payor will need to go to court to have the support order changed bringing with the proof of SSD. There are no federal laws with that it will strictly be whatever the state minimum is plus as noted the children can recieve a monthly check from SSD as well.

California has no state minimum and no maximum child support amount.

I've heard that in Oregon everyone starts with minimum wage as income (and I would imagine disability gets added to that) but check with your child support agency to find out.

gmoss · Nov 26, 2008, 08:48 PM

I origenated this question last night and, today I found you can't get modification on arears child support. But the childsupport enforcement is willing at least in my case, and I would assume in cases like mine, are willing to "make a deal" on an appropreat amount in the form of an "easy pament plan". So we worked an amount that I can live with. For the resr of my Life!

stinawords · Nov 26, 2008, 09:41 PM

Originally Posted by cadillac59

California has no state minimum and no maximum child support amount.

So California dosen't can take the entire paycheck? Every state that I have ever known dosen't have a maximum as far as how much is due but how much they can take as far as a percentage there was a cap. Not that I know every state but that just seems a little odd. Anyway to the op I'm glad you were able to get to a solution that worked out for you!

cadillac59 · Nov 26, 2008, 10:00 PM

Originally Posted by stinawords

So California dosen't can take the entire paycheck? Every state that I have ever known dosen't have a maximum as far as how much is due but how much they can take as far as a percentage there was a cap. Not that I know every state but that just seems a little odd. Anyway to the op I'm glad you were able to get to a solution that worked out for you!

The California guideline obviously will not take the entire paycheck, no. But there is no "cap" as such. Now, there is a 50% cap on a wage assignment, but that's another matter entirely (you can actually go above the 50% wage assignment cap up to 65% with a special court order). The wage assignment order (called "garnishment" in some places) has nothing to do with what the actual child support order is. Most child support orders are less than 50% of the net income of an obligor so it is not an issue having the wage assignment cover all of it, but I have seen some cs orders that exceed 50% of the obligor's net (for example servicemembers checks where they have high non-taxable housing and sustenance allowances (BAH, BAS)).