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VeronicaGia

Senior Member
What is the name of your state? Order is in CA

In Sept 2005 my DH was diagnosed with a rare muscle disease (only 20,000 people in the US have it) and spent six days in a hospital and many months in physical therapy. He has not worked since July 05. He also has a secondary ailment.

The disease and all of it's effects have made it obvious he cannot work in his field (construction) and may never be able to work at all. He has an appointment to file for SSDI. Both ailments he has are listed under SSDI's website.

We are financially tapped out. His child will turn 18 at the end of this year.

How does he notify CA CSE once he has applied for SSDI? Can he somehow notify them now that he will be applying in May? He does is not trying to get out of paying, but it has now become an issue of eating or paying. Also, how does his child collect on his behalf and does it go towards CS? Any help is appreciated. :)
 


LdiJ

Senior Member
VeronicaGia said:
What is the name of your state? Order is in CA

In Sept 2005 my DH was diagnosed with a rare muscle disease (only 20,000 people in the US have it) and spent six days in a hospital and many months in physical therapy. He has not worked since July 05. He also has a secondary ailment.

The disease and all of it's effects have made it obvious he cannot work in his field (construction) and may never be able to work at all. He has an appointment to file for SSDI. Both ailments he has are listed under SSDI's website.

We are financially tapped out. His child will turn 18 at the end of this year.

How does he notify CA CSE once he has applied for SSDI? Can he somehow notify them now that he will be applying in May? He does is not trying to get out of paying, but it has now become an issue of eating or paying. Also, how does his child collect on his behalf and does it go towards CS? Any help is appreciated. :)
He needs to include the child on his application for SSDI with mom as the rep payee. However, unfortunately that probably won't erase the arrearages even if mom receives a lump sum payment.

I realize that you are tapped out, however its probably best if he at least consults a local attorney on the CS issue.
 

BL

Senior Member
I'm not sure why He waited so long , but a modification should be filed to lower the amount .

SSA should have His children(s) info , and they will receive some benifits if He's approved , and sometimes the Courts do apply it towards support . If SSA does not have the Children(s) info , make sure they get it.

He would have copies of his filing to take to a modification hearing .
 

garrula lingua

Senior Member
Veronica,
There is a Family Law Facilitator's office to assist pro pers in filing for modification of CS.

However, they are booked up and take a long time to respond to people.

If you're game, go to
http://www.courtinfo.ca.gov/forms/
and download the Judicial Council forms you need.

You have to file for a modification hearing (do this ASAP, as the filing date is the earliest effective date for the modification.

I believe you will need:
FL-683 Order To Show Cause, attached to
FL-684 (2nd page,), attached to
an Income and Expense Statement (all 4 pages,with the necessary docs attached).
Additionally, you have to serve the mom with a blank Response to OSC, & blank Income & Expense Dec.
Also, before the clerk will schedule a hearing date for you, you have to have someone (yourself, as you are not the Respondent) mail your completed paperwork to mom (and have that person fill out the proof of service); then file at the courthouse for a hearing date.

It sounds complicated, but it really isn't that bad, and the clerks are usu helpful (I believe they sell the forms you need - just tell them what you are doing and they will sell you the Judicial Council Forms if you don't want to download).

The Commissioners/Judges do NOT have a high expectancy regarding the presentation (form) of this paperwork, but they HAVE to be accurate (substance-signed under penalty of perjury).

Under reason for modification just write: DISABLED; no (or whatever you do have) income; SSI/SSDI pending.

You may be told to wait until he is approved for ssdi, but don't - file now; hopefully he will get a temp modification downwards (or a stay).

Check on his SSI/SSDI - I believe they will pay a portion to dependent children which is considered all the CS he would be 'paying' after his SSI is approved.

On the day of the hearing, bring all the paperwork to the court, including pay stubs and tax returns and all indicia of his medical problems.
Good luck. Let me know if you have trouble.
 

VeronicaGia

Senior Member
Blonde Lebinese said:
I'm not sure why He waited so long , but a modification should be filed to lower the amount .

SSA should have His children(s) info , and they will receive some benifits if He's approved , and sometimes the Courts do apply it towards support . If SSA does not have the Children(s) info , make sure they get it.

He would have copies of his filing to take to a modification hearing .
He waited because he was initially told by doctors that he could possibly go back to work last December. Then they said by February of this year, then at his last appointment in March, they told him he was as good as he was going to get. Well, he got to a point in his recovery and has not gotten any better at all since December, so now we're financially stuck.

He is also going to the Muscular Dystrophy specialist in a few weeks to make sure that what his doctors are doing is really all that can be done.
 

VeronicaGia

Senior Member
garrula lingua said:
Veronica,
There is a Family Law Facilitator's office to assist pro pers in filing for modification of CS.

However, they are booked up and take a long time to respond to people.

If you're game, go to
http://www.courtinfo.ca.gov/forms/
and download the Judicial Council forms you need.

You have to file for a modification hearing (do this ASAP, as the filing date is the earliest effective date for the modification.

I believe you will need:
FL-683 Order To Show Cause, attached to
FL-684 (2nd page,), attached to
an Income and Expense Statement (all 4 pages,with the necessary docs attached).
Additionally, you have to serve the mom with a blank Response to OSC, & blank Income & Expense Dec.
Also, before the clerk will schedule a hearing date for you, you have to have someone (yourself, as you are not the Respondent) mail your completed paperwork to mom (and have that person fill out the proof of service); then file at the courthouse for a hearing date.

It sounds complicated, but it really isn't that bad, and the clerks are usu helpful (I believe they sell the forms you need - just tell them what you are doing and they will sell you the Judicial Council Forms if you don't want to download).

The Commissioners/Judges do NOT have a high expectancy regarding the presentation (form) of this paperwork, but they HAVE to be accurate (substance-signed under penalty of perjury).

Under reason for modification just write: DISABLED; no (or whatever you do have) income; SSI/SSDI pending.

You may be told to wait until he is approved for ssdi, but don't - file now; hopefully he will get a temp modification downwards (or a stay).

Check on his SSI/SSDI - I believe they will pay a portion to dependent children which is considered all the CS he would be 'paying' after his SSI is approved.

On the day of the hearing, bring all the paperwork to the court, including pay stubs and tax returns and all indicia of his medical problems.
Good luck. Let me know if you have trouble.
I appreciate all your input but while the case is in CA, we are in MI. But I will keep your post since at some point he will have to figure out how to do all this with the court. :)
 

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