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S

seanaka

Guest
What is the name of your state? Child support order is Michigan
I live in SOuth Carolina


Great site,

My question is two parts:

First, I am a 100% disabled Veteran. I have applied for the SS based on work credits. When I get the award ( SOmeday) how will that affect my child support payments?
I am currently paying 800 per month, with my two kids set to get SS benefits does that money go on TOp of what I am allready paying? Or will it subtract the ammount I pay monthly.

Second, My ex has remarried and is living in TX She does not work .
I pay my support every month on time. My question is based on the fact that Michigan uses a income formula to decide child support, my ex is not working.
My case to the judge would be that I am paying her and not the kids since she dosn't work.
Is there a chance that I could get the support payment lowered? Or should I just leave it alone?

Thanks in advance,

Sean
 


S

seanaka

Guest
No I was not disabled when the support order was issued.
In fact times were very different then. My ex is now remarried and has finished college. She still however is not working...I know that the child support is based on both incomes. But she isn't working.
If I wasn't paying my support I would go to jail, however she can not work and stay at home collecting support.?

The children from the previous marriage will both receive money both retro and monthly when I am granted SS .

So if my ex continues to get the 800 she will get that and an additional approx 600 on top of it.

I have heard that the Courts do not count the SS award as income.

However, I think 1400 dollars for two kids is quite a bit.

I want to support my kids and I have proven that. However, I am tired of suffering and watching her have new clothes every month?

My fear is that if I take her back to court they could raise the ammount I pay.

Also, The VA will apportion my disability to meet a set child support ammount.
However it is up to the folks at the VA to decide what is appropriate.
Up to 50%

I could stop paying the support right now and I think her only recourse would be to have the VA apportion my disability.

Sean
 

stealth2

Under the Radar Member
It's rather foolish of you not to file for a modification. If you're disabled and can prove it - you're not likely to get an increase.
 

netdtek

Junior Member
support modification for 100% vet in CA

I'm in a similar boat here. Never married, we have 1 child age 4 together. Mother has another child from another relationship that lives with them. I have another child I pay support for in another county. At the time the current support (400 (50 CS + 350 for half day care expense) + 100 for arrears)was set I was getting 70% VA disability with no other income at the time as the State Disability had expired and SS had not kicked in. Now, I recieve the SSDI and VA at 100% and a hearing is coming up set by the DCSS. I went to meet with the DCSS case worker and she computed my new support to be over 1k!, plus the SSDI derivitive payment for our child, for a total close to 1300. I was over 5K behind in arrears and struggling to make the 500 a month for a couple years. I got a loan to pay the arrears off and owe nothing currently, but that new bill is almost 300 a month for 60 mon.
I (with help of court facilitators office) calculate time with my daughter using XSpouse at 26% currently and have asked for more time hoping to get more closer to 40%. What other factor's (i.e. wife's earnings, rent or mortgage payments, tax filing status) will raise or lower the support amount. I can't find a decent calc online that willl let me fudge and play with scenarios to find the support amount based on my critieria. Thanks.
 

LdiJ

Senior Member
seanaka said:
What is the name of your state? Child support order is Michigan
I live in SOuth Carolina


Great site,

My question is two parts:

First, I am a 100% disabled Veteran. I have applied for the SS based on work credits. When I get the award ( SOmeday) how will that affect my child support payments?
I am currently paying 800 per month, with my two kids set to get SS benefits does that money go on TOp of what I am allready paying? Or will it subtract the ammount I pay monthly.

Second, My ex has remarried and is living in TX She does not work .
I pay my support every month on time. My question is based on the fact that Michigan uses a income formula to decide child support, my ex is not working.
My case to the judge would be that I am paying her and not the kids since she dosn't work.
Is there a chance that I could get the support payment lowered? Or should I just leave it alone?

Thanks in advance,

Sean
In general...the SSDI benefits that a child recieves is intended to replace child support. So I definitely don't think that you should "leave it alone". Once you are certain that you are approved for SSDI, then you should file for a modification. If you are going to be recieving BOTH VA benefits and SSDI...then you may still be required to pay an amount over the children's SSDI benefits.
 

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