My husband was diagnosed as bipolar. He hasn't been able to hold a job. He is falling behind in child support for his child from his last marriage. His child support amount is based on a high paying job he had years ago. He is so bad now he can't hold a job making that much money anymore. Does anyone know if the courts will reduce the child support amount due to bipolar? Is there anyone with bipolar who has been through this that can point us in the right direction?
2007-10-24 04:11:07 · 16 answers · asked by kathleenjohnson 2 in Politics & Government ➔ Law & Ethics
My friends ex get's SSI because he was diagnosed as bipolar so she get's a check from SSI for her child AND it went down alot...
2007-10-24 04:15:08 · answer #1 · answered by ~~Lisa~~ 4 · 2⤊ 0⤋
Due to the fact that your husband does have a diagnosed mental illness, I do believe the court will take that into consideration when reassessing child support. Your husband no longer has the high paying job and the high child support would be hampering his ability to care for himself. The only thing to do is go to court, file the papers, be extremely prepared and have a lawyer. You will have to show the judge the medical files, your husband's now spotty job history, and plead hardship. I think a judge will be lenient to your position, but I seriously doubt child support will be discontinued altogether. I work in the mental health field and the clients that do have children must pay support. The child support is a small amount, though. Hope this helped and good luck!
2007-10-24 11:19:33 · answer #2 · answered by pixie22406 3 · 3⤊ 0⤋
Medication can really help with bipolar. I hope he has tried that route already.
While the court can assign the income a person would be capable of earning (even if they aren't earning it), the court can also reduce a CS obligation if circumstances have changed to where it is not possible to earn as much.
Ask a lawyer if they would file a motion to change the support amount.
Really, being on the right dosage of the right medicine consistently can make someone with bipolar dep. be able to function ok in a job.
2007-10-24 11:36:58 · answer #3 · answered by Flatpaw 7 · 0⤊ 0⤋
The answer is NO they will not reduce his child support obligation as he is still the father of the child. They will, however consider how much he is making and may or may not adjust it. It all depends on what the judge thinks. The judge that handled the child support case for my ex-husband and I basically said, "too bad" that he hasn't made enough to keep up with the order that he should have thought about that before he decided not to pay. Seek legal advice from a lawyer or do the research yourself. There may be a specific case you can refer to or written law that states otherwise. By the way, even if he is on social security, they can still garnish his wages if those are the only wages that he gets. Bottom line is, if he is not working, maybe you should get a job so you can try to continue to pay until a modification is made. Don't go without paying it as he can be incarcerated for disobeying the court order.
2007-10-24 11:41:35 · answer #4 · answered by bonstermonster20 6 · 0⤊ 2⤋
Yes, First of all your husband needs to get all documentation including a letter from his doctor stating due to his illness he cannot hold a job. You must go to the social security website. Read all about disability. He must apply for it now. His child may also qualify for benefits. Get an attorney also, as you will have to go back to court over the child support. Also, find out if the child gets benefits if that will satisfy the child support issue. Get going, run don't walk.
Also, your child support is calculated on earnings, ask for another hearing to get the amount reduced until yu can get through social security. You can get social security benefits if you are bi-polar. Go with your husband to the appointment.
Don't be discouraged if you are denied the first time, keep appealing. You get back pay.
Good luck
2007-10-24 11:37:58 · answer #5 · answered by tone 6 · 1⤊ 1⤋
If he goes back to court he can have it lowered they will base it off of what he is getting right now. Just as if he were able to work and got an even higher paying job you could take him back and get it upped some more, I know not good for you or your child but he can get it lowered.
2007-10-24 11:19:49 · answer #6 · answered by Lori M 4 · 0⤊ 0⤋
The court will consider it, providing you have medical and/or other expert testimony showing he can't hold a high paying job AND -- most important -- that he file a motion to reduce child support for that reason.
2007-10-24 11:16:26 · answer #7 · answered by Anonymous · 3⤊ 0⤋
I think the way to reduce the payments would be to get them recalcutated based on what the father makes currently. In Ohio this is done every 3 years, I think maybe you can pay to have it done sooner, like with a lawyer. I don't think mental illness is a factor. I have never heard of that anyway.
2007-10-24 11:16:20 · answer #8 · answered by MJ 3 · 1⤊ 0⤋
The court won't do anything unless your husband files a motion to amend the current order. At the time of the hearing he will be allowed to present evidence supporting his reason to have the award reduced.
2007-10-24 11:19:01 · answer #9 · answered by hexeliebe 6 · 1⤊ 0⤋
You can ask the court to reduce the amount of child support owed because of the loss of high paying job. As far s using the bi-polar issue, you can bet the court will not reduce because of that. There are medications that can be taken to help him. Talk to a lawyer.
2007-10-24 11:15:51 · answer #10 · answered by clbowman06 4 · 1⤊ 2⤋
I believe he can go and get his child support redone after 2 years, and then he would not have to pay as much. But besides that, I would call and ask someone in the "Friend of the court", and they would give you the "yeh or neh" on your question.
2007-10-24 11:20:05 · answer #11 · answered by roadrunner1977 1 · 1⤊ 0⤋