S.S. Disability vs. child support

[kimbo67]

What is the name of your state? Michigan My ex married a girl with 5 children(not his) so my son's child support was $500 a month. He called today and said he was accepted for s.s.d. (car accident) and that he could claim her children so my son would be getting much less because I can no longer get child support(except for the arrears) does anyone know if this is true? Thanks for any input

 

[tigger22472]

What is the name of your state? Michigan My ex married a girl with 5 children(not his) so my son's child support was $500 a month. He called today and said he was accepted for s.s.d. (car accident) and that he could claim her children so my son would be getting much less because I can no longer get child support(except for the arrears) does anyone know if this is true? Thanks for any input

He can in fact add her children to his SSD. How a judge will react to that is up to them.

 

[kimbo67]

So I could still try to go in front of the friend of the court? They would decide? He is also going for a HUGE lawsuit because of the car accident, but he doesn't see our son because of his wife. Maybe once a year. Thanks again for your time and info, it is very helpful! He said it wouldn't be up to the court anymore.

 

[tigger22472]

So I could still try to go in front of the friend of the court? They would decide? He is also going for a HUGE lawsuit because of the car accident, but he doesn't see our son because of his wife. Maybe once a year. Thanks again for your time and info, it is very helpful! He said it wouldn't be up to the court anymore.

Well, LEGALLY there has to be some sort of modification made anyway or his arrears will add up and the court won't care if he didn't file for a modification. SSA gives him the right to file for step-children but legally he doesn't have to. I would discuss it with the FOC and see what the caseworker thinks. The way it works is for example your ex gets $1000 a month in SSDI... The kids (and his wife if she doesn't work or works very little) can obtain $500. That $500 is split between however many people are eligible for that. So for example the new wife has 5 kids and your 1.. that 500 would be split 6 ways (maybe even 7). You would get the portion for your child. So in that instance it would be less than 100 a month. So I would seriously talk to the FOC caseworker about it.

 

[ceara19]

So I could still try to go in front of the friend of the court? They would decide? He is also going for a HUGE lawsuit because of the car accident, but he doesn't see our son because of his wife. Maybe once a year. Thanks again for your time and info, it is very helpful! He said it wouldn't be up to the court anymore.

The judge MAY decide to leave CS as is, making dad responsible for the difference. They may decide to set CS at what SS WOULD pay with only his biological child collecting benefits, again leaving it to him to pay the difference. They may decide that he doesn't have to pay anything above the SS. Until the order is actually modified and signed by the judge, he is responsible for paying the full amount as ordered.

One other thing to look into would be the civil suit against the at fault party. I have absolutely no idea whatsoever if it is even possible to do in Michigan, but there have been cases in OTHER states where a custodial parent has successfully sued for damages on behalf of the child and sometimes themselves (if the injured party was responsible for paying alimony/spousal support) due to the loss of "income"

Like I said, I don't know if that is even an option for you. Hopefully there is someone here that DOES know for sure one way or the other. If not, a free consultation with a personal injury lawyer may be useful.

 

[kimbo67]

Thanks for the info, I called F.O.C. & they said you are right he has to go in front of the judge. YEAH, I am sooo happy- he told me it was out of F.O.C. period. I guess he hoped I wouldn't find out the truth. They said to make sure I show up for the court date to represent my side. THANK YOU again!!

 

[tigger22472]

Thanks for the info, I called F.O.C. & they said you are right he has to go in front of the judge. YEAH, I am sooo happy- he told me it was out of F.O.C. period. I guess he hoped I wouldn't find out the truth. They said to make sure I show up for the court date to represent my side. THANK YOU again!!

Well, no surprise to you, but your ex is an idiot!!

Without going in front of a judge and having a new order, courts have NO way of knowing that there has been a change in circumstances. His situation is no different than a 1000 others where their CS amount is more than they think they can pay or actually can pay. All the courts see is that X amount of money is owed and will expect that amount to be paid until which time the order is changed.

 

[LdiJ]

I would be sure to explain to the judge that your child would normally be receiving an adequate amount of SSDI to replace the child support, but that your husband chose to include all 5 of his stepchildren in the children's portion of the SSDI, so instead your child will be receiving only a very small amount.

I suspect that the judge won't be happy about that.

 

[nextwife]

I would be sure to explain to the judge that your child would normally be receiving an adequate amount of SSDI to replace the child support, but that your husband chose to include all 5 of his stepchildren in the children's portion of the SSDI, so instead your child will be receiving only a very small amount.

I suspect that the judge won't be happy about that.

Poster, are you certain that ex did not adopt his wife's kids? Because if they are LEGALLY now his kids, they are no less his kids than your child is.

 

[ConcerndStepmom]

Poster, are you certain that ex did not adopt his wife's kids? Because if they are LEGALLY now his kids, they are no less his kids than your child is.

Doesn't excuse the fact that their child together was the first child. He didn't have to adopt if this is what he did. A friend of my ex husband had a child from a previous relation in Maine, she remained there he moved here (Fla) and met someone else and has 4 kids with her. Complained that the judge increased his CS and didn't take into concideration that he has 4 other kids. Judge told him that was not his fault he had a choice not to have anymore. Long story short he assumed by having more kids would prevent him from having an obligation to support his first child in a previous relationship.

 

[Silverplum]

Doesn't excuse the fact that their child together was the first child. He didn't have to adopt if this is what he did. A friend of my ex husband had a child from a previous relation in Maine, she remained there he moved here (Fla) and met someone else and has 4 kids with her. Complained that the judge increased his CS and didn't take into concideration that he has 4 other kids. Judge told him that was not his fault he had a choice not to have anymore. Long story short he assumed by having more kids would prevent him from having an obligation to support his first child in a previous relationship.

You are correct that Dad must consider his first child first, at least morally if not also legally. But what do FL and ME have to do with MI? Nothing. Each state has their own rules.

http://www.courts.michigan.gov/scao/services/focb/mcsf.htm

 

[weenor]

Social security allows the payment of dependent benefits to step children (whether or not adopted) as well as natural children as long as he lists them as dependents.

OP any back child support is recoverable through attachment of the proceeds from his lawsuit. You need to argue the child support should remain the same because ex will be receiving a settlement in addition to the SSDI.