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Child Support and SSD or SSI

If my 18 year old son for whom I pay child support starts receiving SSI or SSD, am I still responsible to pay child support? He is going to remain in high school until he is 21, but continue to receive a monthly check? I have never had a decrease in child support. In fact I still pay the same amount I have paid since the kids were born.

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I have 4 kids and all are over 18 except my one who is 16 and has a baby and also gets state assistance. I have lost my job due to an injury and have been on workers comp and my salary went down a lot, but my exwife's support is the same. It doesn't seem right to me. Does anyone know if my ex might be responsible for an overpayment based on what I have been paying her? I just thought it would automatically drop off but have been paying all this money under changed circumstances. Thanks for your help.

By Fara

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August 20, 20110 found this helpful

If you want the amount of child support you pay decreased you have to ask for a child support modification. Talk to somebody in the child support enforcement office. When my daughter was a minor she received SSI and my ex husband still had to pay child support. He started out having to pay $150.00 monthly and being he was a public employee once a year his salary along with all the other public employees in our city was published in the daily paper. When I decided he had enough raises to make it worth while, I went to my child support office and asked for a modification of child support, and a judge raised it from $150.00 a month to $300.00 a month.

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As a whole the absent parent is supposed to be responsible for at least partial support of the minor kids. My ex husband paid child support for our daughter until she was 23. Besides her SSI, she was also working about 10 hours a week for minimum wage. When my daughter quit getting child support, her SSI went up to make up for most of the child support that she was no long receiving. I decided to let my "ex" off the child support because it was getting to be a hassle, even though when we got divorced he signed papers saying he would pay support until, if ever, she was able to support herself. The reason I decided to let him off the support was because that way, it was like the divorce became really final. I also required a $1,000.00 settlement in the form of a certified check, when I decided to let him off paying support. My daughter started receiving SSI the day we got divorced.

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Is your minor child living with his/her mother or what? You can bet your bottom dollar that if that child is living on her own, he/she isn't receiving enough state aid to support a family of two. If your son is receiving SSI, the amount of child support you are paying has to be reported to the Social Security Office and there will be a suitable amount deducted from the SSI/Disability check to make up for the child support.

I don't understand absent parents that think they are being abused because of having to pay child support. To this day, if my daughter needs something big like a new dresser or bed or something, I can call my "ex" who lives 70 miles away, and he sticks a check in the mail for half the amount. We got divorced in 1983, after 20 years of marriage. I don't know if your "ex" would have to pay anything back or not. If it was my decision I would say no. It was up to you, when your income went down, to go to child support and ask for a modification. Also just knowing the way SSI/Disability works, your son would get a larger amount if you weren't paying child support. If your minor child is still living at home, and you are paying support for that kid, I think the amount of support you pay is kind of divided up between all the family members living in the house.

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If you could get freed from paying support for your disabled son, on the condition that his disability check would go up, maybe your minor child with the baby could move in with you, then you would no longer have to pay support.

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August 20, 20110 found this helpful

Your obligation for child support is to your ex wife to help her raise your son. If the son gets money (no matter where it comes from) that is his money.

The only advise I can give you is to talk to a lawyer regarding your commitment to your wife with regard to your change in pay to the child support she was awarded.

I am no lawyer. I am giving you my thoughts based on a logical flow of events, action reaction kind of stuff, and the facts provided.

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Anonymous
August 23, 20110 found this helpful

You need to hire a lawyer or try to see if you are eligible for low cost or free legal aid. Every state has different rules on child support and to what age support must be paid but one of the biggest factors is going to be what the divorce decree agreement was and what the divorce judge ordered.

As was already mentioned you can file for support payment modification but that might bite you in the behind because the amount could also be raised.

SSA and SSI have nothing to do with what you yourself are required to pay for child support. As to what is fair or not fair, well, is it fair that children you brought into this world should suffer simply because you feel your ex might be doing better than you now? Chances are that she/he had far less income going into her/his bank account than you did for quite a few years and she was actually paying more than her fair share to raise your children.

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August 27, 20110 found this helpful

I may be seeing things here a little differently than the others. What I picked up on is that you said you've been paying the same amount since the kids were born & that you have 4 kids but only 1 is under 18. Are yous still paying child support for the 2 who are over 18 & not disabled?
I think you are only legally obligated to pay child support until your child is 18, unless they are disabled in some way or in college. So if the older 2 are not disabled or in school, you should not still be paying child support for them.

As for the other 2, you still have to pay support for them. As for the amount, it is up to you to ask for a change, not your exes' obligation to do so. You need to do an internet search on child support laws in your state.

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