Ex Now Claims 25 Yr Old Son Disabled, Wants Lifetime Child Support

[Pappa]

My son had epilepsy and a speech impairment growing up.  After they got him off the medicine at 15 he went on to graduate and took vocational training and was working part time with the anticipation of working full time after graduation.

Well Ex shacks up with guy who is now her husband (conveniently remarried several months after I remarried).  New step dad along with ex maneuver me out of the picture.  Now 2 years away from losing child support AND when she is in danger of being charged with a felony for lying to get medicaid (lied about not getting child support and lied that the children didn't have insurance that I have paid on forever) she files a suit to have child support continue indefinitely due to my son being "disabled".  I work OTR and am not wealthy but she manages to hire a high powered attorney to represent her.  I am between a rock and a hard place.

Guys, have ANY of you ever heard of this?  If so, I need advice quick.  As I said I'm not wealthy so if any of you know of a quick (legal and moral) way to raise some dough to get a family law specialist I'd sure like to know.  Any tips of any kind would be sooo appreciated.  Do any of you think I should pull out all the stops and sell off a bunch of stuff or sell blood, hock things, what? I need suggestions.

[Kitty C.]

First thing, she needs to PROVE 'disability', meaning she better have paperwork signed and sealed from Social Security that your son is receiving benefits from them for his disabilities.  If she refuses, have it subpoenaed.  Make her PROVE the disability, and since he's a functional child and not receiving current aid by means of medical intervention or even academically, she'll be hard pressed to produce it.  

[purrrfectgirl]

Also, that is what disability from SS is for.  If your son is an adult (or even a child) and disbaled, then he is entitled to money for the Social Securtiy Administration.  Even if the disability can be proved, the SS should cover his expenses, there should be no other need for "child support".  You may have to provide medical insurance, but you shouldn't have to provide SS for your son.

[Pappa]

I retained a lawyer that specializes in Family Law, something her attorney does not.  She will be automatically subpoena all his ss records to prove income, tackling the under the table income harder to prove but not impossible.  She has already told me that 1) he was drug free from 15 onward 2) he graduated from high school and was in a vocational school 1/2 day 3) he rode the bus back and forth from the home school to the vocational school 4) and he was working part-time (I got the company he worked for to send me the W-2's - heck in 1997 the year he graduated he made almost $6K in a part time job!) so the disability was not manifest at the time he turned 18 which in turn may block her ability to file suit on behalf of an adult.

Also, as you both mentioned she needs to PROVE 1) disability and 2) "substantial support and personal care".  This will be two hurdles for her to jump if she makes it past the first one above.  Social security records may reveal that in addition to her frauding Medicaid (she hasn't been reporting child support or marriages income although I've always kept insurance on the kids).  Right now she admits that she has them on SCHIPS although I've got a signed return receipt letter saying here's the new insurance cards.  She's not entitled to SCHIPS as long as I've got insurance on the child.  Dallas County DA is looking into charges on her for that.   I think she bit off more than she can chew.  What do you guys think?

[Kitty C.]

Looks like she's dug herself a hole too big to crawl out of!  Talk about greed!  She doesn't even realize it, but by getting all this started, she's gonna screw herself!  If the DA is investigating her, it will all come out.  Even with a hint of fraud, it's highly doubtful that any judge would go along with her attempt to get perm. support for a doubtful disability.

She's screwed..........

[fathers 4 justice]

Yes it can happen. It all depends on his diability and his needs? Is your Son recieving Social Security Disability? If she is working and has an income have her assets brought to court by an order of discovery which can be done with a Lawyer or para-legal. Good Luck!
Jerry from Long island, N.Y.

[lennar_girl]

Something else to look into, it takes some digging.  In Texas, you have to file a modification of Child Support before or with in 6 months of the childs 18th birthday or graduation from High School.  The law doesn't allow someone to wait 6 or 7 years.

We are fighting the same thing, SS is almost 21, and that was the first thing the new attorney let us in on.  I have a web site at home that will give you much needed information, I will get it to you tomorrow.

Let me know how is goes, I am interesting in hearing.  We go to mediation on the 31st.

Good luck