Child Support

[Sonofkeya]

The mother of my child has gone to the office of family support to obtain child support from me.

At the current time, I am not working and am on disability.  My child will receive benefits from Social Security on my disability claim each month.

I have been served with suit papers to appear in court over child support.  Can the courts award her additionl payments over and above the monthly social security check she will be getting.  

In other words, Will I have to pay child support out of my monthly check?

[momof2]

I know a custodial BM who's ex was put on SS disability, and the child support against him was stopped once she started getting the SS benefits for their children.  However, since her EX had child support arrears that had accured prior to him being disabled, his SS benefits are garnished for an amount to pay back the arrears.

Have you already put whatever paperwork in place so that your children are receiving their benefits due to you being disabled?  Does the mother know of you being disabled and that the children will receive benefits as a result of that?

Do you have any child support arrears?

[wendl]

Make sure you respond to your motion and show to court, bring all the papework showing your income and disability and show for the hearing

**These are my opinions, they are not legal advice**

[KAT]

It depends on your state. A few of the sneaky ones actually ADD the benefit amount your child recieves to your *total* income THEN figure support, THEN deduct the amount your child recieves from your support obligation leaving you owing more. YUP.
So which state are you in?
KAT

[Sonofkeya]

I have no Arrears and yes she knows I am disabled. The paper work is in place and she will recieve her money in march.

[Sonofkeya]

This is in Louisiana.

[KAT]

I researched your states law for about an hour. As far as I can tell, it is at the judges discretion to order child support above the disability payments made to your child(ren). However, if it doesn't seem likely unless you have other possible resources to draw from (like you live with rich parents or something).
I'm keeping my fingers crossed for you! Do let us know how it turns out!
Regards;
KAT