My son's father was ordered to pay child support (Arizona) along with providing medical and paying his percentage of care in medical deductibles and childcare and provide insurance on our son. Shortly after our divorce he was awarded SSDI. His child support was dismissed because the benefits were more than the child support. Is he still responsible for the other orders in the divorce decree or because the benefit is more will it negate his responsibility for insurance and child care costs?
By Kris
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I would check with somebody that knows something about the laws. Here in SD when I got divorced out minor child started receiving SSDI and she was getting more than the amount of child support we received.
My "ex" was never released from having to make child support payments and he also had to keep her covered under his health plan, even though she was on medicaid too. What his health insurance didn't cover, medicaid would pick up. A couple years later when I found out he had been receiving large enough raises that it would be worth it to go after an increase in child support, and a judge doubled the amount of child support I was receiving.
Actually the SSDI should be determined by the amount of child support received, which is what happened with us. The SSDI went down a little bit because of the increase in child support payments.
States vary greatly on how these things are handled so it seems the best advice would be to discuss these questions with your divorce attorney (who arranged the support agreement). He/she may even give you a free visit. Legal advice on these matters may be expensive but may also be better in the end.
It certainly does not seem fair that your ex-husband should be relieved of all responsibility. I would image that your son receives some "free" services also so that may cover some of the medical expenses.
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