Child Support and Disability

[jeanine]

What is the name of your state? NY

My husband has faithfully paid child support every week for the past twelve years for a child from a previous marriage. He recently injured himself and will be out on disability for approximately 3 months. We are supposed to get money from his long-term disability coverage - although we're not sure when it will start (I think he has to wait at least 11 days).

His child support payments are automatically deducted from his paycheck. If he is not getting paid by his employer, will the money be deducted from disability? If not, do we have to pay her by personal check each week until he is back to work? Do we go to court to have child support suspended while he's on disability? Can we give the employer a check each week for support and then they send to her as usual?

Really not sure what to do here. We'd prefer not to pay her by personal check b/c in the past she has refused to cash his personal checks and then took him to court saying he never paid.

Any insight would be appreciated.

 

[rmet4nzkx]

Call the employers accounting department and ask how they manage such payments during disability.

 

[BL]

Once he starts receiving his disability checks , file for a modification .

They may or may not grant it , and it might take a month to get a court date .

Meantime find out Where the Employer is sending the CS payments . If it's to the CSEU , then if the employer has no part in it while on disability , you will most likely have to send payments to CSEU . If the Parent gets paid directly , then you will have to pay directly .


Contact your Employer and the Agency , if involved .

Any payments you make , make sure you note ( and have proof ) it is for CHILD SUPPORT , and specify for what period .

 

[L.Lundy]

When my ex, who lives in Georgia *don't know if that matters in this particular situation*, was on short term disability, his child support was NOT taken from his disability checks. Needless to say, he didn't send it out of his disability checks on his own, either, but that's another story . Anyway, what your husband needs to do is call the state child support offices *there may be a child support clearinghouse, depending on the state, that handles disbursements*, and just ask them for the mailing address of the office that handles incoming payments. Mail them the payment, so that they receive it just like they normally would from his employer or anyone else, and make sure to mark the docket or case number on the check and keep the cancelled check for your records. I would also email and/or call someone in the child support office, preferably email, and keep the email for verification that you DID notify someone that you were sending the check and to put them on alert for the whole situation. WHATEVER YOU DO, do NOT send her the money DIRECTLY! Make sure it goes through the state offices!

I've been up all night 'cause I threw my back out yesterday, so forgive me if I rambled a bit and lack a bit in the sense-making department. *sighs*

Good luck, and tell your husband he's a good father for trying to do the right thing even when the chips are down. Not that many fathers do that anymore.

 

[jeanine]

Thanks to all for the advice.

I'm pretty sure his employer pays her directly - isn't that what the income execution order does?

I know she IS NOT paid through the child support collection unit b/c three years ago she tried to vacate the income execution order to go through the CSCU and was denied b/c he had never missed a payment and the judge told her she can't modify the judgement of divorce which was heard in Supreme Court without good reason.

I'm having him call his HR department to find out what to do. We definitely don't want to pay her directly. I'm hoping we can just pay the employer and then they pay her as if nothing ever happened.

He is a good father and I as the second wife recognize his responsibility to support his child and that's why I try to stay on top of things so no one loses out. We are expecting our first child in July and I definitely want to bypass any unnecessary aggravation from the ex!

thanks again!

 

[LdiJ]

Thanks to all for the advice.

I'm pretty sure his employer pays her directly - isn't that what the income execution order does?

I know she IS NOT paid through the child support collection unit b/c three years ago she tried to vacate the income execution order to go through the CSCU and was denied b/c he had never missed a payment and the judge told her she can't modify the judgement of divorce which was heard in Supreme Court without good reason.

I'm having him call his HR department to find out what to do. We definitely don't want to pay her directly. I'm hoping we can just pay the employer and then they pay her as if nothing ever happened.

He is a good father and I as the second wife recognize his responsibility to support his child and that's why I try to stay on top of things so no one loses out. We are expecting our first child in July and I definitely want to bypass any unnecessary aggravation from the ex!

thanks again!

Well...if his employer pays her directly that is a little unusual, but its possible. When he talks to the HR department he needs to verify that.

 

[stealth2]

Also, if she's paid directly, take the extra time to get a certified check and ask the bank to note on both the check AND the receipt that it is for child support - that will give him some documentation that he's been paying.