Diabled dad's dilema

[sad stepmother]

Hi All!

I'm posting this message in hopes that you may know someone or perhaps you have dealt with this yourself.

My husband is the non-custodial parent to his six year old son and of coarse is ordered to pay support to his ex.  My husband is 39 years old and has autto immune disease that has left him with severe Psoriatic Arthritis.  He is in a lot of pain and is on a lot of medications including chemo drugs and high dose pain medication.  He has lost range of motion in his exteremties and has difficulty walking more than a couple hundred feet. The chemo drugs and pain meds cause him to vomit alot, and he is often unable to drive and somedays can't even get out of bed.  

My husband prior to his illness becoming so serious worked full time and paid his child support every month.  In September of 2003 my husband's disease caused him to lose his ability to work full time.  He went from working 40-60 hours a week to working 10-15 hours often cancelling his shift because he was to sick to work.  Needless to say he quickly fell behind in his support.  He filed for Social Security Disability back in June but it is a long , tedious and drawn out process.

 My husband is currently being charged with contempt for non-payment of support.  We have given the court medical proof of his illness and the filing of disability, but the prosecutor has shown no mercy.  We now have a court appointed attorney that is trying to get support reduced or suspended but we had a monkey wrench thrown into the whole thing when we found out that my husband's ex is already on disability herself for a mental health condition and is already recieving support on the child through SSDI.  My husband fears being sent to jail for something he has no control over.  His illness is a progressive and debilitating one and he has been told that his condition is not likely to improve and will eventually result in his being completely handicapped and wheelchair bound within the next 2-5 years.  It's frustrating and difficult enough for my husband that he has to deal with his loss of ability to do everyday things and now he has to fear contempt charges and possibly jail time.

Sorry this is so long, but I needed to vent.

[Peanutsdad]

I would strongly urge you to seek legal counsel other than court appointed.


His is a case from the sound of it that should have no problem getting a downward mod. That he is having trouble getting one tells me his court appointed is a shmuck.

[KAT]

Check your states guidelines on how social security payments for the child are worked into support. He'll most likely get some sort of offset. In some states, the SSI or SSDI payments terminate the support obligation. And in some states the payments can't be touched for child support (so she might not be able to cash in on that once his comes thru). Frankly, if this family was intacted, he'd be supporting the child the best he was able to even if that ment zero income. Why is it so different for divorced families eh?
GRR!
KAT