Disability vs. Child Support

[JessiesGirl]

What is the name of your state? Arizona

I have been physically separated from my stbx for 11 months now. He filed for divorce earlier this month. I have a 9 year old son that's not his and we have a 5 year old son together, who lives with his dad. On the divorce paperwork, he requested sole custody with visitation and no child support. I am disabled from a medmal incident in July 2005 that has left me incapable of working, even at Circle K or McDonald's. The disabilities have been thoroughly documented and are not at dispute.

I was told that my stbx can say he doesn't want child support for the 5 year old but the court always orders it in sole custody arrangements. I received a settlement from the medmal lawsuit but it is solely to provide for my daily care and future medical expenses.

Is it true that child support can be ordered from a parent incapable of working and doesn't have an income? Would changing the sole custody arrangement to joint fix this issue?

Thank you in advance,
K

 

[triviafreakdad]

What is the name of your state? Arizona

I have been physically separated from my stbx for 11 months now. He filed for divorce earlier this month. I have a 9 year old son that's not his and we have a 5 year old son together, who lives with his dad. On the divorce paperwork, he requested sole custody with visitation and no child support. I am disabled from a medmal incident in July 2005 that has left me incapable of working, even at Circle K or McDonald's. The disabilities have been thoroughly documented and are not at dispute.

I was told that my stbx can say he doesn't want child support for the 5 year old but the court always orders it in sole custody arrangements. I received a settlement from the medmal lawsuit but it is solely to provide for my daily care and future medical expenses.

Is it true that child support can be ordered from a parent incapable of working and doesn't have an income? Would changing the sole custody arrangement to joint fix this issue?

Thank you in advance,
K

Arizona allows a deviation to CS based on the percentage of time the child spends with the CS obligor , also there is a state mandated self support reserve .

http://www.supreme.state.az.us/dr/childsup/drguide.htm

 

[Shay-Pari'e]

What is the name of your state? Arizona

I have been physically separated from my stbx for 11 months now. He filed for divorce earlier this month. I have a 9 year old son that's not his and we have a 5 year old son together, who lives with his dad. On the divorce paperwork, he requested sole custody with visitation and no child support. I am disabled from a medmal incident in July 2005 that has left me incapable of working, even at Circle K or McDonald's. The disabilities have been thoroughly documented and are not at dispute.

I was told that my stbx can say he doesn't want child support for the 5 year old but the court always orders it in sole custody arrangements. I received a settlement from the medmal lawsuit but it is solely to provide for my daily care and future medical expenses.

Is it true that child support can be ordered from a parent incapable of working and doesn't have an income? Would changing the sole custody arrangement to joint fix this issue?

So in a nut shell, you are giving up custody of yet another child?

 

[nextwife]

What is the name of your state? Arizona

I have been physically separated from my stbx for 11 months now. He filed for divorce earlier this month. I have a 9 year old son that's not his and we have a 5 year old son together, who lives with his dad. On the divorce paperwork, he requested sole custody with visitation and no child support. I am disabled from a medmal incident in July 2005 that has left me incapable of working, even at Circle K or McDonald's. The disabilities have been thoroughly documented and are not at dispute.

I was told that my stbx can say he doesn't want child support for the 5 year old but the court always orders it in sole custody arrangements. I received a settlement from the medmal lawsuit but it is solely to provide for my daily care and future medical expenses.

Is it true that child support can be ordered from a parent incapable of working and doesn't have an income? Would changing the sole custody arrangement to joint fix this issue?

So in a nut shell, you are giving up custody of yet another child?

Excuse me Shay, but in every divorce, one parent usually ends up with primary custody, and it's not appropriate to chastise the parent who doesn't have custody. This mom is physically disabled. Many physical disabilities impair a parents mobility and ability to monitor their child. Her disability may make it VERY appropriate for NO children to be in her custody. If she's too impaired to work, she certainly could be too impaired to take care of a child, especially a young, very mobile child who needs a lot of supervision. Why is it wrong for dad to have custody of his child, and why does a dad having custody get interpreted as mom "giving up" custody? Dad has the same right to custody as mom!

Mom, your child is entitled to SS benefits if their parent is disabled. You can ask the court to consider the SS benefits off your work credits to be used in lieu of paying additional CS.

 

[jbowman]

So in a nut shell, you are giving up custody of yet another child?

Wow, so do you consider all fathers that dont have full custody of their children quitters too? Thats a pretty one-sided biased opinion.

 

[JessiesGirl]

Response

Thank you for your advice. I forgot about the self support reserve test. My stbx has a very successful dental lab and is not hurting financially at all (I guess I'm grateful that he's doing well, at least in that area, even though I don't get to benefit from all the hard work I did to help his business do so well over the years).

I am keeping my 9 year old son, and yes, I am letting my stbx have the 5 year old. I don't consider it "quitting" to let his dad be the primary caregiver. I am doing the 5 year old and my stbx a favor - dad now has a reason to be home every night instead of at the bar like he used to before we split. I miss my little guy so much but the only way I can see him now is if I go over there to the stbx's. He won't let me take the child because he said he's afraid I'll kidnap him. Please!!! That is a completely unreasonable accusation.

Anyway, thank you for understanding about the disability. It was a head injury caused by an ENT that screwed up a septoplasty (deviated septum). The head injury then caused a stroke and a hematoma with a hole in my skull that needed patched so I could live. The headaches that the septoplasty was to fix of course made them worse.

I have another question about equitable distribution posted regarding the divorce. I hope that fairness is put into play at least there. The rest of my life ain't so rosy so here's hoping for relief.

Kathy

 

[nextwife]

Have you applied for SS benefits for your child? Many courts will consider the child's SS benefits ipaid to the CP in lieu of their payments, since it is support that comes from the NCPs work credits.

 

[JessiesGirl]

No, I have not followed up on SS, but I will. Thanks for the advice.

K