September 23, 20170 found this helpful
Best Answer
You are receiving SSDI which is considered income and your child support should be based on that amount. You are already paying a small amount and even with a review by the court the amount may not be lowered very much.
Each state treats SSDI benefits, including your child's benefits, differently.
- How long have you been receiving SSDI and was your income a lot higher before your disability?
- Have you requested a change in your child support payment at way time since your divorce?
- Very important question: Does your child receive benefits from Social Security based on your disability? If not, then your child applying for benefits with SSA is the first thing that should be done.
- Child Benefits in Lieu of Child Support
- If you get SSDI, your child may be eligible for Social Security dependents benefits based on your earnings records. You should make sure that either you or the other parent apply for benefits for your child as soon as you are approved for SSDI. In some states, dependent child benefits are credited towards any child support obligations.
- If your child is approved for benefits then the court can take the original amount of child support and subtract the benefit amount and you would be responsible for the remaining amount not covered.
- Here is a site that explains this. info.legalzoom.com/can-child-receive-ssd-child-support...
- The most important thing to remember is that nothing will change until you request it and the court reviews it for change.
- Note: you must go to court to request this
- --it is not done automatically just because you now receive SSDI. It is important to request a modification as soon as possible because the court cannot change the order until you request it to do so.
Here are sites that have forms for you to fill out and file directly with the court. Read everything and ask for help if you do not understand anything on the forms.
www.mhlac.org/.../ssdi_&_child_support.pdf
www.nolo.com/.../how-get-child-support-order-modified...
Judy
Gold Post Medal for All Time! 677 Posts September 22, 20170 found this helpful
I would contact my lawyer first. Each case is different. Courts do what is in the best interest of the child. If your circumstance have changed, they may lower or eliminate your payments.
poehere
Bronze Post Medal for All Time! 105 Posts September 22, 20170 found this helpful
If you become disable and have been ordered to pay child support payments you might be able to get them lowered. You may qualify for child support modifications through the court for the following reasons:
- If one of you has lost a job or started a new one.
- If you are experiencing a financial hardship due to job loss or illness.
- If you have become disabled.
- You have a change in your cost of living.
You will need to see a lawyer and ask them if they can modify your child support payments.
attosa
Diamond Post Medal for All Time! 1,246 Posts September 22, 20170 found this helpful
SSDI payments are based on your work history and what you paid into the system and is generally non-negotiable, unless Social Security has incorrect information regarding your work history and earnings. The severity of your disability does not impact your payments, and as long as your continue to be disabled under Social Securitys rules, the amount you receive in SSDI payments will not change.
I would contact them as you are struggling: 1-800-772-1213. I hope you will be okay.
coville123
Silver Post Medal for All Time! 433 Posts September 22, 20170 found this helpful
Yes you can have the amount you pay lowered or stopped alltogether.
