What is the name of your state (only U.S. law)? California
Hi, I'm a divorced father of 3 children. I became ill in Sep 2006 and was later classified as permanently disabled in Nov 2009. I finally won my SSDI case in April 2011 but was advised by my Atty to not file for my kids' benefits till after the Custody Modification case I had started was finished. I was trying to get Joint Custody but the Judge denied it, however he did increase my visitation time from 12% to 35%. The last hearing in the case was on 06Sep11 and I was then going to file for the benefits when my ex hit me with another OSC to possibly change the new visitation schedule again. Her motion was denied on 08Nov11 and I started trying right after that to negotiate some sort of division of the kids' benefits with her, but 4 emails and almost 60 days later no response. So my next move is to file a motion in the child support court to ask the Judge to divide the kids' benefits between my ex-wife and I. My problem is, I don't have a clue how to write this up in the forms to file with the court. In a normal situation the amount of support is based on each parties wages or income and percentage of custody time. However in my case I'm trying to figure out how to divide the kids' benefit amount between us based on her income and my SSDI benefit, as well as my having 35% custody time and her having 65%. How can I write this up in a motion so that the Judge will clearly see what it is that I'm trying to accomplish?? And how will the court figure how much each of us will get?? Do they have a special guideline calculator for SSDI benefits??
Thank YouWhat is the name of your state (only U.S. law)?
Hi, I'm a divorced father of 3 children. I became ill in Sep 2006 and was later classified as permanently disabled in Nov 2009. I finally won my SSDI case in April 2011 but was advised by my Atty to not file for my kids' benefits till after the Custody Modification case I had started was finished. I was trying to get Joint Custody but the Judge denied it, however he did increase my visitation time from 12% to 35%. The last hearing in the case was on 06Sep11 and I was then going to file for the benefits when my ex hit me with another OSC to possibly change the new visitation schedule again. Her motion was denied on 08Nov11 and I started trying right after that to negotiate some sort of division of the kids' benefits with her, but 4 emails and almost 60 days later no response. So my next move is to file a motion in the child support court to ask the Judge to divide the kids' benefits between my ex-wife and I. My problem is, I don't have a clue how to write this up in the forms to file with the court. In a normal situation the amount of support is based on each parties wages or income and percentage of custody time. However in my case I'm trying to figure out how to divide the kids' benefit amount between us based on her income and my SSDI benefit, as well as my having 35% custody time and her having 65%. How can I write this up in a motion so that the Judge will clearly see what it is that I'm trying to accomplish?? And how will the court figure how much each of us will get?? Do they have a special guideline calculator for SSDI benefits??
Thank YouWhat is the name of your state (only U.S. law)?
