SSD and Child Support

[dehkin]

What is the name of your state? PA

My fiance has been paying child support for his two children(5 & 9)from a previous marriage since 2003-$541 a month. I have one child with him( 8 months old). He went to jail in April of this year and now his arrearages are at $3500 and rising. He is a great father and has been paying support(never late) he just made a mistake that cost him a year in jail. He was just approved for SSD and each of his children will receive approx. $244. I have a few questions now that I have said all of that. Will that $244 for each of the two children from the previous marriage be considered part of the child support or will it be deducted from the $541? Does he have to file something to lower his support payments and how does he do that from jail. He believes that if he is on disability, he does not have to pay child support to the ex-wife. Am I correct in thinking he is wrong about that? And the lady at Domestic Relations told me that there is something that can get rid of all the arrearages is he is incarcerated or disabled for over a year. Please help and thank you in advance.

 

[Silverplum]

What is the name of your state? PA

My fiance has been paying child support for his two children(5 & 9)from a previous marriage since 2003-$541 a month. I have one child with him( 8 months old). He went to jail in April of this year and now his arrearages are at $3500 and rising. He is a great father and has been paying support(never late) he just made a mistake that cost him a year in jail. He was just approved for SSD and each of his children will receive approx. $244. I have a few questions now that I have said all of that. Will that $244 for each of the two children from the previous marriage be considered part of the child support or will it be deducted from the $541? Does he have to file something to lower his support payments and how does he do that from jail. He believes that if he is on disability, he does not have to pay child support to the ex-wife. Am I correct in thinking he is wrong about that? And the lady at Domestic Relations told me that there is something that can get rid of all the arrearages is he is incarcerated or disabled for over a year. Please help and thank you in advance.

For what did he go to jail?

 

[dehkin]

He went for a DUI and may be looking at time for a probation violation from a previous charge.

 

[BL]

What is the name of your state? PA

My fiance has been paying child support for his two children(5 & 9)from a previous marriage since 2003-$541 a month. I have one child with him( 8 months old). He went to jail in April of this year and now his arrearages are at $3500 and rising. He is a great father and has been paying support(never late) he just made a mistake that cost him a year in jail. He was just approved for SSD and each of his children will receive approx. $244. I have a few questions now that I have said all of that. Will that $244 for each of the two children from the previous marriage be considered part of the child support or will it be deducted from the $541? Does he have to file something to lower his support payments and how does he do that from jail. He believes that if he is on disability, he does not have to pay child support to the ex-wife. Am I correct in thinking he is wrong about that? And the lady at Domestic Relations told me that there is something that can get rid of all the arrearages is he is incarcerated or disabled for over a year. Please help and thank you in advance.

He will have to file for a modification of child support .

I do not know how he would do that from jail , but he could ask some inmates , or even the guards , or administrators that run the place if they are familiar with it .

If a Judge were to order him produced for a hearing , they would have to transport him , it seems .

 

[dehkin]

He will have to file for a modification of child support .

I do not know how he would do that from jail , but he could ask some inmates , or even the guards , or administrators that run the place if they are familiar with it .

If a Judge were to order him produced for a hearing , they would have to transport him , it seems .

The children have not received any payments yet because all of this just happened. Does he have to wait until the ex-wif receives a payment to the children before he files for a modification ?

 

[BL]

The children have not received any payments yet because all of this just happened. Does he have to wait until the ex-wif receives a payment to the children before he files for a modification ?

Does he have the SSDI approval with the amounts he will receive ?

If so he can file .

If he's incarcerated he can file .

They both are substantial changes in circumstances .

 

[LdiJ]

I will also add that in most cases, the benefits that children receive when their parent is on SSDI, is usually considered to be a substitute for child support, as long as you file for the modification. Sometimes there is a slight extra amount that the ncp has to pay, but not most of the time.

 

[dehkin]

I will also add that in most cases, the benefits that children receive when their parent is on SSDI, is usually considered to be a substitute for child support, as long as you file for the modification. Sometimes there is a slight extra amount that the ncp has to pay, but not most of the time.

Thank you very much for all of your answers. I have one more question if you dont mind. Since we have a child together, does the court take that into consideration when they modify the support for the first two children. Thanks again, you were all very helpful

 

[BL]

Thank you very much for all of your answers. I have one more question if you dont mind. Since we have a child together, does the court take that into consideration when they modify the support for the first two children. Thanks again, you were all very helpful

If he has informed and proven to SSA all the children he has and where , SSA will decide the amount the children are due equally .

The Court will modify accordingly .

The court takes into consideration all child support payments being paid out , yes .