disabled child

[lonemom]

Where do I start??? Really sad for my children.

My ex maniupulated my son until I finally allowed the child to live with his father so he would not be subject to anymore mental cruelty.

My son is now 19 years old and I am trying to get child support for my daughter.

The father prior to this took guardianship over my son and did not allowed him to graduate from high school. He asked the school to withhold his certicate. He applied for SSI for my son and was denied. SSI denied stating my son was capable of working.

My attorney attempted to make me an agreement. What should I do?

[ocean]

Do you have an order from a court for your daughter? If you do, bring it to the CSE (child support office) and they will open a file for your daughter and garnish his wages and send it to you.

If you do not have an order in place, go to your local court house and file for child support. Child support is pretty straight forward in court. Bring the documentation that your son is over 18 and not disabled. Did your son finish all his HS classes? Is he going back to HS? If he is going to HS this year, you may have to pay for him. Why isn't your attorney just bringing it to court?

[mistoffolees]

Two questions:

What does your attorney want you to do?

How old is your daughter?

As someone else stated, getting support for your daughter should be quite simple if you request it from the court. Most states have guidelines based on the incomes of the two parents and living situation, so you can estimate what it should be. If the attorney is simply preparing a document to ask the other party to agree to the child support that the court will probably enforce, anyway, then it's not a big deal. If he's asking you to sign an agreement where support would be different than the state guidelines, ask why.

I don't see how the son enters into your affairs in any way. He's 19 and has been determined to not be disabled. Depending on the state, he's probably emancipated by now (although you might have to file a request with the court to affirm that). In my state, for example, it's age 19 or when the child graduates from high school, whichever comes first (but not earlier than age 18, regardless of graduation date). That is only going to be extended in the case of disability or if the support decree specifically states that it goes through college.

[lonemom]

My daughter is 15 years old. My ex is claiming the son to be disabled so he can get child support from me for the son. This is why he made my son go to court and have him give his father legal guardianship. It stated that my son was unable to care for his self. My son can pick up his high school dilpoma at anytime according to the principal of the school. My son drives a car and has a job.

So when I filed for child support for my daughter and this is when my ex countered sued for handicapped child support.

My attorney wants me to agree to pay for everything for my daughter including college expenses while my ex pays for everything for my son.

The court was ordering a deposition to be done at the school because they would not take the word from my attorney when she spoke with the principal.

My attorney stated that it would cost approximately $3,000 more and that this was an unusual case so I would probably lose anyway.

[ocean]

Get another attorney....or file yourself.
Go and file for you daughter and bring the paperwork regarding son. Then it will be up to the judge to sort it out and your ex to prove why you should still be paying for son.
Will the principal give you the diploma since you are a parent? OR at least a letter stating he has finished HS? Maybe from the guidance counselor?

[mistoffolees]

I agree with the other poster. You need a different attorney. I would ask why he thinks you're going to lose.

You are entitled to support for your daughter for at least 3 more years (more in some circumstances).

Your ex-husband would have been entitled to support for the son up to age 18 (again, it might be later in some cases). In order to collect money now, he has to prove that the son is disabled, still in school, and/or unable to support himself. Given that the school says that he's earned his diploma and SSI has said he's not disabled, your ex is going to have a very hard time proving that. If there is more involved (for example, if you think he could easily overturn the SSI ruling), then you might have some liablity. But from what you wrote, that doesn't seem likely.

I'd ask the attorney why you should give anything up. Without having all the facts, I'd file for support AND request that ex pay legal expenses because he's arguing a frivolous point with no chance of winning.

Again, that assumes that nothing is materially different than the facts you've stated.

[KAT]

Your son is driving & working? Then subpoena the son! If he testifies falsely then he wouldn't be a son of mine any longer. Most states have forms on line. If you let us know which ones we can probably help you.

KAT

[lonemom]

It is the state of Illinois