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Is a disabled parent on Social Security required to pay any child support or alimony? |
my husband is confident that because he just got disabled by Social Security and receives payments per mo. of $1742 for himself and he can earn $850 per mo. in addition and still keep his benefits, that he doesn't have to pay child support at all. I receive $612 for both kids only from Social Security. If you are receiving money for the kids from Social Security based on his being disabled, he is getting SSDI. This is money that he gets based on his having worked enough credits. The money that you are getting is probably all you can get, and you get this in lieu of any child support. You can file for child support from him, but there is no guarantee that the judge will approve additional funds since the kids are already getting benefits from his SSDI. I guess not, although they should be-- fair treatmet, right? Count yourself lucky to get that much, I have heard of people who claim no taxable income to pay nothing at all. check with attorney............... If the money you receive from SSI is not enough to support your children the best way to approach it would be to go to the State Dept of Dependent children where you live and they will help you file for a percentage of your husbands Disability benefits, if he cannot show that he would face a hardship then the court would enforce the payments through the department of families. the funds from social security is his support..You may set up an appt with social service to question it further.. A child support order is not affected by the source of income. The only way to legally reduce the support he pays is to petition the domestic relations court, or whatever they call it where you are, to revise the support order. That's all he's responsible for. He's declared disabled, no judge can overrule that. Sorry, it kinda sucks. |
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