Child Support and Disability

If a mother has been ordered to pay child support and all at once she quits her job and sighs up for disability, does she get out of paying all the back child support that she is behind on? She is trying to get out of paying child support by signing up for disability and she is very able to work.

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September 5, 20170 found this helpful

That is basically up to the courts to decide. She might have an injury that you don't know about. Disability is awarded to people who have a medical problem and can't work. It is hard to determine if she has a medical issue or not.

I would contact my lawyer and have him file for a court date with the judge. All you can do is present your case and let the courts decide the rest.

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September 5, 20171 found this helpful

Signing up for disability does not necessarily mean she will be approved. You do not say what type of disability she signed up for but if it is with Social Security then she will have to prove that she cannot work and have a doctor (doctors) complete paperwork attesting to her disability and that it is their professional opinion that her condition will not change within a long period of time. Doctors will not usually do this falsely as their profession is on the line should it be proven otherwise. Social Security can require a person to also see a doctor of their choice for a second opinion.

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Other types of disability are also very strict so, even if she is disabled it may take a long time to be approved.
Whoever is due the child support (current and back payments) should seek an attorney so that papers can be filed that will make it where they will be first in line for payment if or when this is approved. Only a court and Social Security (if that is the type of disability) can decide what amounts will be awarded. What people "think" is going on will have no baring on something like this.
This person can also file with SS that back support money is due for the child's care.
If this person cannot afford to pay an attorney then they should apply with family services so they can get help finding an attorney that does this type of work for free.
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All paperwork from divorce degree, proof of payments made, any correspondence, social security numbers will be needed to file any type of claim.

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