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  1. #1
    ssbauer is offline Junior Member
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    short term disability affects on child support obligation

    What is the name of your state? la

    I am new at this, my ex is having back surgery and will be on short term disability for 3 months, how can this affect his child support obligation?
  2. #2
    Blue Meanie is offline Senior Member
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    Only if he files to have it modified...
  3. #3
    ssbauer is offline Junior Member
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    He told me that he can pay me a little less than 1/2 of what he is paying me now, and he consulted with an attorney and if I do not accept this then, they can base it off of his std income or it can be suspended for 6 months. Does any of this sound correct, what are my children's rights with the money their dad pays to support them?
  4. #4
    GrowUp! is offline Senior Member
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    Quote Originally Posted by ssbauer
    He told me that he can pay me a little less than 1/2 of what he is paying me now, and he consulted with an attorney and if I do not accept this then, they can base it off of his std income or it can be suspended for 6 months. Does any of this sound correct, what are my children's rights with the money their dad pays to support them?
    This has nothing to do with a "child's right." If he's on disability, whether short-term or not, where do you think he's going to get the money if he's not working to his full capacity? Also, it's not an issue of "if you accept it" either. If him or his attorney files for a modification, it could be suspended for six months or the amount of support order could be modified downward. Several factors come into play and it would be impossible for anyone to tell you exactly what will happen. How about showing some compassion instead of selfishness.
  5. #5
    nextwife is offline Senior Member
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    Quote Originally Posted by GrowUp!
    This has nothing to do with a "child's right." If he's on disability, whether short-term or not, where do you think he's going to get the money if he's not working to his full capacity? Also, it's not an issue of "if you accept it" either. If him or his attorney files for a modification, it could be suspended for six months or the amount of support order could be modified downward. Several factors come into play and it would be impossible for anyone to tell you exactly what will happen. How about showing some compassion instead of selfishness.

    If you were still together with the father, what do you think would happen?

    When my dad was disabled, it wasn't about "my rights", but about his health and our concern about our father getting better. When dad couldn't physically work, mom assumed more financial responsibilities and they both curbed their spending and made some temporary liefstyle changes. Life happens - children are NOT isolated from experiencing any effects of what happnes to their parents. It helps us (as kids of ill parents) grow EMPATHY.
  6. #6
    ssbauer is offline Junior Member
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    Quote Originally Posted by GrowUp!
    This has nothing to do with a "child's right." If he's on disability, whether short-term or not, where do you think he's going to get the money if he's not working to his full capacity? Also, it's not an issue of "if you accept it" either. If him or his attorney files for a modification, it could be suspended for six months or the amount of support order could be modified downward. Several factors come into play and it would be impossible for anyone to tell you exactly what will happen. How about showing some compassion instead of selfishness.
    Compassion for him is gone, too many games played at the sake of the children! It has nothing to do with me, I am trying to find out what happens with the case of short term disability, not long term. He has requested to go down on his child support and I worked with him and decreased it by over $400/month, his obligations are only what the court has ordered and therefore my compassion is gone! Otherwise, if he was willing to work a little more on the betterment of the children and not be such a "a&*#ole", I would have no problem with this. I am just making sure he is not trying to slack on another obligation. Thanks for your information.
  7. #7
    GrowUp! is offline Senior Member
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    Quote Originally Posted by nextwife
    If you were still together with the father, what do you think would happen?
    Funny you point this out because this was EXACTLY what I was thinking when typing my response earlier, since it's all "if the parents remained married/together."
  8. #8
    momofrose is offline Senior Member
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    Quote Originally Posted by ssbauer
    Compassion for him is gone, too many games played at the sake of the children! It has nothing to do with me, I am trying to find out what happens with the case of short term disability, not long term.

    You have been answered - he files for modification and will probably get it.

    He has requested to go down on his child support and I worked with him and decreased it by over $400/month, his obligations are only what the court has ordered and therefore my compassion is gone!

    You are correct his obligations are only what the court ordered - no more - what has that got to do with compassion?

    Otherwise, if he was willing to work a little more on the betterment of the children and not be such a "a&*#ole", I would have no problem with this. I am just making sure he is not trying to slack on another obligation. Thanks for your information.
    Not sure what this means - I assume he is paying his support as ordered (otherwise you would have stated it differently), and now has to have surgery and go on short term disability. Are you saying he is going forward with a surgery that is not necessary to have child support dereased? That's a ridiculous thought.

    If you have a prolem with this or not is NOT the issue- it is up to the court - deal with it!

    D
  9. #9
    GrowUp! is offline Senior Member
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    Quote Originally Posted by momofrose
    Are you saying he is going forward with a surgery that is not necessary to have child support dereased? That's a ridiculous thought.
    Aww c'mon...don't ya know how comfortable back surgery is??!!
  10. #10
    ssbauer is offline Junior Member
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    Not everyone is hateful, selfish and vindictive, I am simply trying to get advice on this, not asking for insults!

    How is the modification calculated? Is it based on the s/t dis. rate? How do I find that out?
  11. #11
    momofrose is offline Senior Member
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    Quote Originally Posted by ssbauer
    Not everyone is hateful, selfish and vindictive, I am simply trying to get advice on this, not asking for insults!

    Sorry but you do sound like every word you used..

    How is the modification calculated? Is it based on the s/t dis. rate? How do I find that out?
    The court will decide that when he brings a motions for modifiction..can you not wait until it is calculated by the court? I assume you are not supporting your children on his child support alone.
  12. #12
    ssbauer is offline Junior Member
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    I am currently unemployed and my husband provides what the father doesn't provide for. My unemployment is due to losing our house in Hurricane Rita and I have been the manager of the insurance red tape, fema red tape, parish red tape, emotional support for all four children and the heart of keeping our environment as stable as possible. We have moved into our refurbished home last week and I am in the process of opening a small business, hoping to start in June. Going from $1200 child support four years ago, I worked with him to decrease to $832 and now he wants to pay $400. I understand he is now in a situation, but I also have to be weary of his motions because he has a lot of anger and has taken advantage of my kindness and compassion in the past. I believe we can work this out without attorney and court costs, hence that is why I have come to this forum. So I am now trying to find out what amount is acceptable or rather necessary.
  13. #13
    momofrose is offline Senior Member
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    Was the inital modification from 1200 to $832 through the court? I would imagine the modification due to his disability will also have to go through the court.

    Otherwise - if the court ordered support remains the same and you agree to lower it without notifying the court - it will show him as in arrears. SO whatever you decide it has to go through the courts. He can file pro se.

    Do you know how much he will be getting from disability?

    d
  14. #14
    ceara19 is offline Senior Member
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    Quote Originally Posted by ssbauer
    I am currently unemployed and my husband provides what the father doesn't provide for. My unemployment is due to losing our house in Hurricane Rita and I have been the manager of the insurance red tape, fema red tape, parish red tape, emotional support for all four children and the heart of keeping our environment as stable as possible. We have moved into our refurbished home last week and I am in the process of opening a small business, hoping to start in June. Going from $1200 child support four years ago, I worked with him to decrease to $832 and now he wants to pay $400. I understand he is now in a situation, but I also have to be weary of his motions because he has a lot of anger and has taken advantage of my kindness and compassion in the past. I believe we can work this out without attorney and court costs, hence that is why I have come to this forum. So I am now trying to find out what amount is acceptable or rather necessary.
    The ACCEPTABLE and/or NECESSARY amount is irrelevant. If dad asks for the support to be modified due to a disability, he will probably win. The support would be set based on his ABILITY to pay, whether you find the amount acceptable or not.
  15. #15
    weenor is offline Senior Member
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    If he is having a back surgery he will be out of work more than three months...many std policies run out after three months. Now if he remains out of work, its worth for him to modify or suspend, but if he is really going to work after that time, why spend the money for three months? It makes more sense to let the arrearage build up for a few months and pay a little extra after that.

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