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can my child support payments be reduced if the mother receives disibility?

2007-03-04 22:11:12 · 12 answers · asked by Melvin B 1 in Politics & Government Law & Ethics

12 answers

Does your child eat less, grow out of clothes less frequently, not need a home, medical care or school supplies since the mother began receiving disability benefits? These are the reasons people pay child support. If your payments change at all they should go up, since by being approved for disability the child's mother has proven she has a reduced ability to provide the basic necessities for your child without help from you.
( This is otherwise known as "FACING YOUR RESPONSIBILITIES")

2007-03-04 22:34:11 · answer #1 · answered by tnlongyrs 3 · 2 0

Assuming you are in the US, each state has a uniform guideline for child support. Some states take the custodial parent's income into consideration, some states do not.

Even if a state takes the custodial parent's income into consideration, there may be an exception for disability income.

If your income has gone up since the child support was set, this might cause your child support to go up, even if the disability is counted.

As a starting point, contact the attorney you had when the child support was set. If you didn't have an attorney, contact one now, or do a search for your state's guidelines. A good place to start is your local family law court's website.

2007-03-08 20:05:46 · answer #2 · answered by shoshidad 5 · 0 0

When the Court decides the amount of child support you are then ordered to pay, it is based on the number of children and YOUR income, not the income of the custodial parent (in your case, your child/ren's mother), although both parents are required to submit notarized financial statements. If you feel that the amount you were ordered to pay is unfair, then you have the right to go back to Court (after filing a Motion for Review), and have the Court take another look at ALL the conditions. Since the needs of your child/ren have likely not changed since the original Court Order (if anything, their needs have probably INCREASED as they've grown), it's not likely that the Court will order a reduction in the amount you pay - and certainly they wouldn't do it based solely on the disability factor. You run the risk of having the amount you pay INCREASED, especially if the Judge perceives your Motion as being vindictive and frivolous. My experience has been that judges can be very arbitrary and are not easily convinced to alter original orders unless there are incredibly compelling changes of circumstance.

My advice is to continue to pay the amount you were ordered to pay, and not rock the boat. Your kids need that support payment a lot more than you may realize. Put your animosity towards their mother away. It serves no one.

2007-03-04 23:59:54 · answer #3 · answered by happy heathen 4 · 0 0

Each case is different of course, but not everyone on disability fits into the stereotypical category most of us thk about...someone who wants to live off of the government. If a person is truly disabled whether it be mentally or physically, I do believe they deserve full child support payments b/c the little they get per month is barely enough to pay the monthly bills, buy groceries, diapers & what have you.

2007-03-04 22:18:03 · answer #4 · answered by June B 2 · 0 0

No... Your child support obligation has nothing to do with her disablity benefits. If anything, depending on the situation and extent of her disability... You may be required to pay a higher amount of support to provide the necessary and appropriate care for your child(ren).

2007-03-04 22:16:17 · answer #5 · answered by ~Me~ 4 · 1 0

I don't think the mothers income has anything to do with child support because the mother is having to come out of pocket to I'm sure.

2007-03-04 22:16:02 · answer #6 · answered by Robin M 2 · 0 0

ok initially to your man or woman well being and ofcourse your sons, do no longer attempt to maintain your son faraway from him, no remember HOW ticked off you're, and that i thoroughly comprehend why you experience the variety you do. yet till he's bodily abusive, thats a foul thought.. you cant document for help and attempt and shop him away.. it doesnt artwork like that, or perhaps ineffective beat jerkbags have "rights" to, unfortunatly. And maximum heavily, that crap approximately "attempting to be a rapper and while he makes it vast he will safeguard his new child"? supply me a rattling smash. a million, does he have any thought basically what number adult men (or perhaps women people) attempt to get into that enterprise each and according to annum? and out of say, one hundred,000 people.. perhaps a pair make it. Be lifelike. Your son is right here, he's residing and respiration and needs his mum and dad and their help NOW, no longer basically financially yet emotionally aswell. He needs to knock off the crap and step up and by skill of a dad. Nevermind his unrealistic fantasies. in spite of if he has skill.. thats great. however the boy needs nutrition and garments as we talk.

2016-09-30 05:31:06 · answer #7 · answered by ? 4 · 0 0

if the child was disabled, they would also be getting disability. so, child support is just that, support for the child.

so NOPE, your child support will not be lowered. stop looking for a loop hole.

CHILD SUPPORT CALCULATORS
http://www.divorcelawinfo.com/calculators.htm
http://www.alllaw.com/calculators/childsupport/
http://www.helpyourselfdivorce.com/child-support-calculators.html

2007-03-05 16:23:51 · answer #8 · answered by Yvette B yvetteb 6 · 0 0

Nope. Since when does disability have ANYTHING to do with child support?

2007-03-04 22:13:58 · answer #9 · answered by Anonymous · 1 0

your child support shouldn't change coz u still have the same amount of children as ever.

2007-03-04 22:15:54 · answer #10 · answered by ravebaby 4 · 1 0

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