My two children currently receive SS benefits from their disabled non-custodial parent. In our divorce decree its states a designated amount for child support, but what the children receive is less due to their non-custodial parent becoming disabled after the divorce decree was filed.
Would it be worth my time to rehire my previous family law attorney to attempt to get an increase in the amount that they receive on a monthly basis. What they currently receive financially is not enough, any additional financial help I receive is a loan that I have to back. I am constantly told by the non-custodial parent that they're not financially obligated to do anything more than the check the children receive, and the non-custodial parent is not following the visitation guidelines or have adequate living accommodations for visitation.
By NI
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The amount of child support a person receives depends on the amount of income, the none custodial parent has. It is also figured by your income. In most cases, the parents are supposed to go half and half for supporting their kids. There is something wrong here, if you have to borrow to make ends meet. You don't get any further ahead doing that and then paying it back. You might have to lower your standard of living, either get a job, better job, or a second job.
It isn't completely up to the absent parent to support the kids. When it comes right down to the amount of child support you receive, a lot depends on the amount of SS the absent parent gets. Visitation has absolutely nothing to do with it. When it comes to rehiring your attorney, that costs more money than you can afford.
Go to your child support enforcement office and ask for a modification of child support, which will be done with a moderator that is an attorney and won't cost anything. Be aware if you do anything the amount of child support that you are getting could be lowered to less than what you currently receive.
I think I would hire the attorney and go back to family court. My daughter had custody of her son. When he turned 14 he wanted to go live with his father. She lost custody. She is also disabled. She has to pay child support and her disability was not even considered. She also has a little girl. She only gets $800.00 a month to live on.
Take his worthless behind back to court. It shouldn't matter when he got disability. His kids need to eat and deserves a warm and safe place to lay their heads at night. Dont let him skip on by. Let him pick up cans. Do it for the kids. They are entitled to it. Good luck.
I know very little, but I thought that I'd pass on what I have seen. My aunt/uncle had a motorcycle accident that left her totally paralized from the waist down. She went on ss disability. Years later, she and my uncle had a baby girl. The daughter collected a disability check each month until she reached 18 and or finished her schooling, because of her mother being disabled.
Hi - you do not give the age of your children so it is difficult to say whether you should be working to help support your children but it appears you are not disabled or you would be receiving some sort of benefit.
Are you receiving food stamps? Or any other assistance from your state? Have you tried these places?
If you are receiving assistance then this will be considered if you ask for support from your husband/ex-husband as well as how much money he receives as well as how much money you can provide.
In other words, you may wind up having to prove that you need more than you are receiving or if you need to try to provide more yourself. Most of the time it may be a little of both.
Please reread the advise redhatterb has given as everything they stated is right on as your family mediator will tell both of you. They are the only ones who can help you. Why would you even consider paying an attorney (in your situation) when plenty of help is free and usually very good. You do realize that someone has to pay that family attorney - either one that pays is just taking money away from your kids.
States do not usually like "dead beat" fathers/mothers and will help get whatever is due.
If you cannot receive state assistance then they must consider you are receiving sufficient income to provide adequate care for your kids. Just be very careful that everything you tell the mediator (or the state) is truthful or as close as you can provide. Keep good records as different agency's will have copies of all information you have provided.
As far as visitation goes, that is up to each individual as to whether they wish to participate. But! - if you are giving them a "hard time" when they wish to assert their rights then you may hear about this is court also.
All anyone here can tell you for sure is that you need to see someone in your own area and let them help you find the correct answers.
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