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Child Support When I Can't Work?
Without going into detail, I have medical issues that prevent me from working, potentially forever. I am applying for SSD, but that takes time- and lots of it. My disability insurance through work has been a fight for almost a year now.
My ex and I have been trying to get my support order modified, but the AG's office sucks. We have a court date in March, but I can't afford an attorney.
I'm not a deadbeat. I was current on my child support until I got sick. Problem is, we did direct pay, and the AG's office won't look at the records. They think I've NEVER paid- even when the custodial parent has tried repeatedly to tell them otherwise. They can't get their paperwork straight! I've very active in my children's lives. I may not pay child support per se, but I do what I can. I buy things for them (with the parent's permission). Like new shoes, or pay for the school field trip, etc. I am at every school function. I see them every weekend. You get the idea.
I know every state is different, but I'm trying to get some idea of what could happen. Neither of us even want to be working with the AG's office, and we have tried to stop- for over 2 years. I also just got remarried. I'm worried my husband's income will be considered my income. If it is, we are screwed. He makes good money- but 1) he pays child support for his kids. 2) We spend a very large chunk on my medical expenses- and we have good insurance. Last year alone, I spent $17,000 on my medical, AFTER insurance. No insurance company covers my treatments. My only source of income is my GI Bill that I recieve 8 months out of the year to go to school.
I am not underemployed. I cannot be employed. There is no job out there that can work with what I need for my health. Believe me- I've looked! Going to school (internet classes, so flexible schedule) is my only source of income.
To explain- the AG's office is involved because my ex filed for state sponsored daycare assistance. We've always very, very amicably worked things out amongst ourselves. I knew they would be invovled. What I didn't know is they would ignore BOTH of us. He has sent letters to the AG's office about everything. They literally can't get their paperwork straight. It's been a nightmare for both of us!
To answer Neil- Going to school does make money for me because I am former military (why I don't have primary custody of the kids). I recieve the GI Bill, which pays me a stipend while I'm in school. My state also pays my tuition. In addition, being a veteran who recieved a medical discharge, with a very high GPA, I recieve a decent amount in scholarships. School being a money maker is certainly not a normal situation- but it is mine.
6 Answers
- Anonymous9 years ago
There is nothing to prevent you and ex from coming to an agmt yourselves absent attys. It sounds like this is entirely possible in your case. If so, you can apply yourself to vary the order to reflect your current state of finances. If ex has no issue with it, what's the AG concerned about? I don't understand the problem. And no, new spouse's income is not used to calculate the new amt of support - at least, not in Tennessee. See http://kimcantrell.hubpages.com/hub/Understanding-... Search the guidelines in your jurisdiction and you'll get a better answer. Free advice: Stop apologizing. You're not on trial although applying for disability benefits can sure make you feel like it. Let me know if you need more than this. Good luck, my friend. I'm sure you are in earnest.
- NeilLv 79 years ago
There's something important you aren't telling us here. If it were all straightforward like you want is to believe, the AG's office never would have been involved.
And how is going to school a source of income? I'd love to get in in that deal. It's only been an expense to me.
- ?Lv 79 years ago
File a motion to clarify with the courts. You and the ex can mediate an agreement using a certified mediator and file it pro per.
http://dads-house.org/MedationNFamilyLaw
6. Modifications of Child Support
Source(s): http://www.facebook.com/groups/ChildSupportRights/ For 22 years, I have volunteered my time working with divorced/single fathers dealing in family law issues, such as child support, teaching them about what the states are not telling support obligors. ♂♀ - LadyCatherineLv 79 years ago
you don't usually need a lawyer to go in front of a judge to lower your child support..
when you got sick you said you still paid your child support right? why did you pay it directly to her..? most times they, the courts don't like that because it gives them no record of what is paid and not paid and in a lot of cases most people (not saying you) lie about what they paid.
as for you doing for your kids,, sometimes that works if you have recorded receipts of things and they accept them..
the most you can do it keep trying with the courts..
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- Anonymous9 years ago
congrats! you are one of the legit people who deserves a break (assuming all of this is true). you can file for a modification of your support thru the child support enforcement agency and by federal law they must help you. file for the modification and get that squared away. seek a hearing with a judge to get the arrears settled. with you and your ex working together you can get this settled out. check out dad's house education center on yahoo groups for more info.
- Ruth CLv 79 years ago
your husband's income can't be used for your support issues. When you get disability your children will get benefits also, or should.
If nothing else, when you get your disability you can use it to hire an attorney. Your first payment should be a lump sum. (That's how it worked for my husband)
