Modifying Child Support While Receiving SSI?

I am disabled and my only income is SSI. I was ordered to pay child support, but when I got my disability award, I attempted to modify it. My ex has fought me every step of the way on this. I originally filed for a modification a year ago and we have met with the OAG twice to modify.

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The first time, they agreed to drop the support to $0, but he waited until after the meeting to inform the agent that he was no longer within that jurisdiction. The second meeting he said he was not in agreement, and wanted to push enforcement to the full extent of the law. We were issued a court hearing. At the hearing, he informed the agent that he had just hired a lawyer the day before and needed time to consult, so the hearing was reset.

I cannot afford a lawyer, and I am wondering how a lawyer can fight a modification in this case? My arrears is $3000. I receive $770 a month SSI and $800 a month in child support for my other child. I have been making payments out of that child support, when I can afford it, since all of my bills use up my SSI account.

My disability: marfan syndrome, severe scoliosis, spinal collapse syndrome, chronic recurrant pneumothorax (collapsing lungs), and i also have sleep apnea and a tumor on my liver but am not healthy enough to do any operations.

My ex was controlling and anusive while we were together and has admitted to trying to make my life as difficult as possible.

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February 28, 20190 found this helpful
Best Answer

I am sorry to hear you continue to have issues. A lot of folks weighed in on your first post on Thrifty Fun and I think the advice still stands. It is very important for you to find a lawyer to help you with this situation.

I understand that you can't afford one, so you will need to work with your state senator to help you find a reliable and real legal aide service who can assist you.

There is a society (a group) for people who have Marfan disorder. I don't know anything about them, but I do know some non profits can offer people who suffer from their condition resources to help.

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This is a link to that site and their resource page. Call them and ask for help.

www.marfan.org/.../patients

The last suggestion I have for you is to talk to your religious organization if you belong to one and see if they offer any kind of legal aide through the church/mosque/synagogue etc. This is a lat resort if for some unusual reason your state senator can't help you find legal aide.

Post back with updates. Prayers and blessings.

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March 6, 20190 found this helpful

Applied with legal aid. The advocate says he cannot do what he is trying to do, OAG should never have allowed it to go on like this, and it will likely backfire on him. She said for me to absolutely not make any more payments.

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March 4, 20190 found this helpful
Best Answer

You will have to get an attorney as this is strictly a legal matter and if you do not have an attorney then you will most likely lose and have to pay support.

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Try legal aid, family services to see if you qualify for assistance.

It is possible you will have to submit a very detailed account of what all of this money is being used for and If you are receiving any other type of government assistance (food stamps, Medicaid) these monies will also be taken into account.
The fact that you are not receiving child support for one of your children may also be used stating that part of the money you receive is being used for the second boy when his father should be paying also. It may not look very good if there has been no attempt to collect child support for the second child.
What is the age of the boys? Does either child have any health problems?

Since you have been making some payments out of the money you receive, this will probably be used as proof that you can afford to make the payments.

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March 6, 20190 found this helpful

The boys are 19 and 14. Thats why one no longer gets CS.

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March 6, 20190 found this helpful

Thanks - that explains it.
I hope you will consult an attorney if at all possible but if not you should try to find someone in your area that will help you sort this out.

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I sincerely hope you will not have to go to court without legal representation as it is difficult for an individual to represent themselves.

You have to understand that states have different laws about child support and most do not accept SSI as income and those benefits cannot be garnished but if there is other money/payments in the same account it may be possible for someone to attach those funds.

Child support payments are not counted as income in most states but then it may have to do with your overall financial situation and whether you can still afford to make support payments.
A good attorney would also look at the overall financial situation of your ex and take all of that into account to present to the court..

I know this is nerve racking for you so I hope you will find someone to help you sort it out in a fair manner for all concerned.

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February 28, 20190 found this helpful

If you cannot afford a lawyer, contact the Legal Aid Society. You wont hace to pay. You definitely need legal assistance in this case. Good luck.

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