Sorry - only had time for a quick search and couldn't find anything.
If the parent paying CS goes on disability, how does that affect CS? I'm not even entirely sure how disability works! Would that be income and CS calculated on that? Would the kids be entitled to SSI? and if so, does that affect the amount of disability paid and/or child support?
THANKS
the answer to that is yes.
Are you talking about SSDI? A work plan? A plan you pay for out of your pocket?
When he filles out the forms for SSDI, there is a spot for him to state that he has a child. SSDI will take the support from his check and send him what's left.
Other disability plans are just like income.
I'm not sure what kind. We have heard that my husband's ex-wife is going on disability. She seems to think this will relieve her of her child support obligation somehow.
So if she doesn't check the box, is there anyway we can fill on behalf of the kids?
Hmm - well there were multiple questions, and not all of them were 'yes or no'. So not really sure what your "yes" is in response to.
then each child will get their own check. Those checks will be deducted from the CS obligation. If they are more than, the ex will not be liable for anything more. If the CS is more than the kids' checks, the ex will have to pay the difference.
The thing is, she will have to notify CSE, otherwise they won't know the kids are getting disability checks and her CS will continue.
Wow, You got a couple of different answers here. I just went through this in NY (maybe it depends on the state?) This is for SSDI:
After 6 months out of work you get:
If the BM is allowed to get $1600 then the children will split HALF the amount that BM gets....so $800 is split by the number of children equally until each child reaches 18 years old.
The real question is WILL she put down she has kids? If you do not think she will, call SSDI and tell them her SS# and they can start a case for the children. When she gets approved (which takes a long time-months) then they will call you in to show their birth certificates and you can give them your direct deposit info and it started in 2 days! You will get back pay from that 6 month point.
Let me know if you have any other questions....
:)
I forgot to add that disability does NOT replace child support. It is stated in my papers that the law is child support is separate and I could have the regular percentage of his disability too through CSE (but I waived child support for now). I was shocked to find that out and it did not seem fair....
If the NCP goes on disability it can effect child support because he/she will no longer have a reasonable income. You can apply for benefits through Social Security. If the child receives social security benefits on the NCP's behalf that will go towards the child support. If the amount exceeds what is due to you in support the child support will probably stop accruing. Check with child support in your area. Also, if the NCP receives SSI the state cannot enforce or issue a wage withholding against that as it is not based on income. It is a grant throught the Government. If the NCP is receiving SSD, the state shoud be able to issue a withholding order to collect arrears and or what is still owed for the current support obligation.
My cousin had this same situation in Texas. His ex was bi polar and drawing disability. What she did not tell the social security office was that she did not have custody of the child.
Cousin found out and took court order to social security and attorney general. Attorney general in Texas said disability social security income had nothing to do with child support. So cousin was getting child support and social security for child.
Ex had to pay back all the funds she had previously collected on child she did not have custody of.
If you think this is happening, make an appointment with social security. Take the child's birth certificate, social security card and your current official notarized signed court order (not a copy) you must have an original for that office.
This is not true,
Social Security Disability can be garnished (as long as NCP is receiving above poverty level). Disability does NOT replace child support. CP by law can get the same percentage from the NCP's disability check as a regular paycheck PLUS child's portion of disability from social security. Now, most CP's get more on SSD so they leave it alone but that is not the law. I had to sign a waiver stating I knew my right to collect from him but am happy with the chid's portion for child support.
I receive SSA for my 2 children from my ex husband being disabled. Florida DOES consider that to be CS. Even though my ex works part time they don't look at that income.
Also, what Social Security pays for each child is no where near CS guidelines. I recieve a little over $400 a month for 2 teenagers, but my new husband pays that in CS for one teenager.
Every state is different, and every case is different. Try a free 15 minute consultation with an attorney to find out for sure.
Good Luck
Social Security depends on what the NCP made during their working years. If the NCP gets $1800 from SSD then any children split HALF that amount ($900). So if you have all the children from the NCP, you recieve the full $900. IF there are two families involved, then each child splits the $900 equally (Ex. 3 children-giving each child $300). It sounds like your NCP is only making $800/month which falls below poverty level so you can not take from his check.
:)