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debgary3 · Dec 8, 2009, 06:25 PM

I have a question that I cannot seem to find an answer to... My ex-husband was ordered by the courts to pay 96.00 (total) per week in child support for 2 children... That figures out to be 416.00 per month, or 4992.00 per year. A couple years ago, he started to collect SSDI, and at that time, the children's child support was replaced by SSDI benefits in the amount of 496.00 per month for the 2 kids, or 5952.00 per year. A couple of months ago, he remarried and added his 2 step children to his SSDI which caused the amount that our children get to be cut in half to only 248.00 per month, or 2976.00 per year. Now, where this amount is less than the original court ordered support, in the amount of 168.00 per month or 2016.00 per year... Should he be responsible for paying the difference? Thank you!

Fr_Chuck · Dec 8, 2009, 07:02 PM

I don't believe that SSDI payments that are paid to the child replaces child support ( was this just assumed or was it ordered though the courts that way)

Normally the actual child support is just based on a percent of his earnings and he still pays that, the SSDI is merely the payment his children get and have nothing to do with child support

debgary3 · Dec 8, 2009, 07:15 PM

The child support was court ordered in our divorce 8 years ago, before he began receiving SSDI. I used to have the Department of Health and Human Services garnish his pay checks for the court ordered support and they would send me a check, but when he bagan getting SSDI, they could no longer garnish a government benefit check. Then the court ordered support stopped completely. When I questioned that, a worker from the DHS told me that he no longer need to pay the court ordered support. I guess it didn't sound right to me, but I didn't question them. But now I am questioning it...

Fr_Chuck · Dec 8, 2009, 08:27 PM

Yes, they can not garnish the child support but that does not mean he would not owe a mim amount.

debgary3 · Dec 8, 2009, 08:52 PM

Thank you. Do you know who I would contact to go further with this? An attorney or just go to the Social Security Department?

Fr_Chuck · Dec 8, 2009, 08:56 PM

Social security has nothing to do with this at all, you need to go back to family court, He should have filed long ago to have the court order modified.

The existing court order is still active and valid until he gets it modified

debgary3 · Dec 9, 2009, 04:33 AM

Thank you