What is the name of your state? Kentucky
I am in a bind and need advice. I am the custodial parent(mother) of a 13 yr old son whose father I left 5 years ago after 30 years of domestic violence. The courts ordered my ex to pay $67.26 a week in child support to which his response was to pack up and leave town. After a couple of years of living on afdc and then my ssi benefits I got word my ex filed for disability and my son was entitled to a stipend. I spoke to a person at the social security office and they expedited the claim but also told me if I could get a court order seperate from the divorce decree i could have child support directly withheld from my ex's monthly check as they do not consider what my son receives child support as the absent parent isn't paying it they are. OK to make a long story short i went to the county atty who handles child support and they insisted this could not be done unless i swore out a warrant for non support which I did. Today they finally got him in court and his atty. went both barrels at me saying that the money my son got because of his fathers disability offsets what he owes because he got 6 months back pay and slightly more a month than the courts originally ordered for support. Who is right? Am I stupid to take this to court and ask them to force this man to be responsible for his child? Are there any printed legal briefs available in support of my belief that this stipend should not offset his responsibility to child support because if we were not divorced he would be entitled to it anyway? Oh and believe it or not he remarried which means he gets a monthly allotment for his new wife as well but still insists he owes nothing to his son. go figure.
p.s. my son and i live below poverty level in one of the worse parts of town and get section 8 to help pay our rent . please tell me there is hope