I have been paying child support for two years straight. I have actually been paying $475 over the amount ordered trying to make up for arrears. My only income is disability so I am on a fixed income. My children also get money from my disability. The total my ex gets per month is $1500. Can I count the money she gets from my disability as payment of my child support and send her less out of my pocket? Serious answers only please.
2007-01-05 03:39:09 · 9 answers · asked by Rick R 4 in Politics & Government ➔ Law & Ethics
dont hire a lawyer it would be a waste of money. research the laws in your state. also inquire at the child support division where the order is. you can find most of it online. file motions yourself if needed.
if i'm understanding it right the 1500 you are talking about is your kids checks,if so that will count towards support and you just need to file a motion to change the order,unless your state will do it without a motion or court appearance.
2007-01-05 03:56:01 · answer #1 · answered by kissmy 4 · 1⤊ 0⤋
Do you have a court order for the amount of support you pay her? If you do then go to your case worker and ask for the paperwork to have your case reevaluated. If the checks that she is getting from the disability comes in her name the money maybe counted as part of her income and counted against the amount of her income. If it is in your children's name then the money doesn't count and is actually their money even if she is using it for anything else. I am not sure what state you are in but in CA the law states that the 33.3% of each parents income is to go to the children (but it doesn't included child support for other children, spousal support, things of that nature.) If you have other children not from her that is counted and if she has other children that you are not the father that also is counted and your money is divided evenly between children. The one draw back is if you owe any back support you maybe paying that. Check with the person that is working your case and if you are only paying because of an agreement between the two of you then get a case worker no matter what it is just easier!!
2007-01-05 11:56:24 · answer #2 · answered by ♥Ta Loca♥ 4 · 1⤊ 1⤋
I don't know if this varies state to state, But how it works here is what the child gets from disability is considered the child support from the parent who is disable. As for your arrears you will still have to pay but they do those here also by 25 a month. You need to contact an attorney then your local domestic relations office.
2007-01-05 11:44:15 · answer #3 · answered by Issym 5 · 1⤊ 1⤋
Unless a court orders this, you are required to pay the amount of child support stated in your divorce papers. You certainly can hire an attorney and file to have your child support lowered. I would strongly recommend this since you are on a fixed income.
2007-01-05 11:49:24 · answer #4 · answered by Debbie 4 · 1⤊ 1⤋
The answer depends on the state. My first question is, if she is an Ex, why does she get part of your disability?
Sounds like a visit to the judge is in order. This wil define everything.
2007-01-05 11:45:27 · answer #5 · answered by Greg J 2 · 1⤊ 0⤋
If you got on disability after your child support settlement came through you might be able to get your amount reduced. I would go talk to your local child support division and see if they can arrange this for you.
2007-01-05 11:42:10 · answer #6 · answered by j_n_js_mommy 2 · 0⤊ 0⤋
Sorry, court ordered child support is from your income only not from the supplement SSDI that your children receive additionally.
2007-01-05 11:42:42 · answer #7 · answered by ms_lady_leo 1 · 1⤊ 1⤋
SHE SHOULD ONLY GET THE AMOUNT AWARDED BY A JUDGE. IF THE JUDGE SAYS 20 PER WEEK THEN THAT'S ALL SHE GETS NO MATTER WHAT YOU GET.
I HOPE YOU PAY WITH CHECK OR MONEY ORDER. MAKE SURE ALL PAYMENTS ARE TRACEABLE.
2007-01-05 11:42:40 · answer #8 · answered by strike_eagle29 6 · 0⤊ 0⤋
If you have a court order your only recourse it to go back to court, they may be sympathetic and lower the amounts.
2007-01-05 11:43:47 · answer #9 · answered by Tauna H 2 · 1⤊ 1⤋