father sick and doesn't want to pay

[Username2005]

What is the name of your state? nc
A few weeks ago my childs father was served with papers for
paternity along with child support. He tells me that he has
been diagnosed with a disease and wants me to drop the case.
Will he still eventually have to pay child support if he goes on
disability and doesn't work? He probably earns around 25k a year.

 

[BL]

What is the name of your state? nc
A few weeks ago my childs father was served with papers for
paternity along with child support. He tells me that he has
been diagnosed with a disease and wants me to drop the case.
Will he still eventually have to pay child support if he goes on
disability and doesn't work? He probably earns around 25k a year.

If you drop the case , paternity will not be established , so even IF he were to receive SSDI ( from work history ) , the children would not be recognized legally as his , and SSA would sent nothing for them .

Follow the case through .

If he is determined to be the Father and disabled , he can the Modify the Child support order .

When he shows the Court the disability amounts , the court will modify the order accordingly , IF he and the children are eligible .

 

[betterthanher]

What is the name of your state? nc
A few weeks ago my childs father was served with papers for
paternity along with child support. He tells me that he has
been diagnosed with a disease and wants me to drop the case.
Will he still eventually have to pay child support if he goes on
disability and doesn't work? He probably earns around 25k a year.

If he has been legally diagnosed as disabled or by doctor's order, the court is required to abide by that. What he actually makes will be determined at the support hearing.

 

[rmet4nzkx]

If he has been legally diagnosed as disabled or by doctor's order, the court is required to abide by that. What he actually makes will be determined at the support hearing.

Please cite NC statutes and SSA regs that support this incorrect statement.

 

[betterthanher]

Please cite NC statutes and SSA regs that support this incorrect statement.

Let me clarify, if someone is diagnosed/determined AND unable to work or work to their prior capacity (which is what I forgot to include prior). They certainly would if a parent was RECIEVING the support.

 

[BL]

or work to their prior capacity (which is what I forgot to include prior). They certainly would if a parent was RECIEVING the support.

That is just gibberish, not an explanation .. let's not confuse the poster .

My guess is that the Father wants to avoid having to pay any back support that may be determined owed , and also use the excuse of disability too For mom to drop the case .

If paternity is establish , and the Father is determined disabled and qualifies from his work history , the children will be sent an amount also from SSA .

The court will determine if an addition amount of support should be paid .

 

[Username2005]

Thanks for the replies.
If he owes back support and say he goes on disability sometime
next year, will the amount be determined on his previous income
or what his income is at the time when the amount he owes is
determined?

 

[Whyte Noise]

What his income is at the time the calculation is made, more than likely.

Honestly, they can impute an income to someone based on a min. wage/40 hr a week job or what they were making before they became unemployed. But if he's disabled under SSA rules and getting an SSDI payment each month, then he's not going to be able to go back to doing the work he used to do, NOR is he able to do work at all (these are requirements to be considered disabled under SSA rules. Not able to do not only the work you'd done prior, but also not able to do ANY work at all).

Also, just because he has a "disease" doesn't mean he's disabled. He'd still have to meet SSA requirements to be placed on disability.

So, if he's working now (or at the time of the hearing) the CS will more than likely be based of that income. When/if he gets disability, he can go back and petition to have it lowered.

Do as BL suggested.

 

[Username2005]

One more question. If he starts getting ssdi is the amount he
will get due to his work history? If he has earned about 25,000
a year the past 4 years, about how much would my child get
for child support?

 

[BL]

How about doing a CS calculator For your State ?

Plus If past arrears are owed , he'd might be made to pay an extra amount based on your state's regulations .

Don't look to have any amount support YOU ...

 

[betterthanher]

That is just gibberish, not an explanation .. let's not confuse the poster .

My guess is that the Father wants to avoid having to pay any back support that may be determined owed , and also use the excuse of disability too For mom to drop the case .

If paternity is establish , and the Father is determined disabled and qualifies from his work history , the children will be sent an amount also from SSA .

The court will determine if an addition amount of support should be paid .

This was exactly my point. NEVER did I say s/he would NOT be relieved of financial responsibility. If one is diagnosed as disabled by the Social Security Admin or restricted to working certain jobs (for example) by their doctor, it makes it (almost) impossible to have an income imputed on to the other parent.

But never once did I say they'd be able to get out of paying child support. And of course if the obligor's ability to pay is effected by medical conditions, nothing changes until they file for a modification.

 

[betterthanher]

Thanks for the replies.
If he owes back support and say he goes on disability sometime
next year, will the amount be determined on his previous income
or what his income is at the time when the amount he owes is
determined?

No, the modification will affect future child support obligation -- not previous.

 

[rmet4nzkx]

No, the modification will affect future child support obligation -- not previous.

You are still doing it
You are not saying what you think you mean and making assumptions, no one here can say how a judge will rule or how the facts will influence their consideration of a case. If you look back at OP 1st post, she doesn't give any facts, what disease, how sick dad really is whether he will be in SSDI or SSI, when, it all makes a difference. It does appear dad is stalling. Unless dad is dying, SSDI is difficult to get and takes a long time, if OP drops her child support case and figures she will automatically get child support without an order in place, that is wrong, so she should cintinue the case but we cannot say how much child support will be paid or if it will be paid.

 

[betterthanher]

You are still doing it
You are not saying what you think you mean and making assumptions, no one here can say how a judge will rule or how the facts will influence their consideration of a case. If you look back at OP 1st post, she doesn't give any facts, what disease, how sick dad really is whether he will be in SSDI or SSI, when, it all makes a difference. It does appear dad is stalling. Unless dad is dying, SSDI is difficult to get and takes a long time, if OP drops her child support case and figures she will automatically get child support without an order in place, that is wrong, so she should cintinue the case but we cannot say how much child support will be paid or if it will be paid.

yep...I was not careful with the language I chose to use. I should've used "could" or "might" or "possibly" -- not language that makes it sound definite.

 

[Username2005]

Father says he has something called intersital cystitis
and that it affects his ability to work and will more so in the future.
Another question, if he gives the judge a doctors note saying
he has this and it effects his ability to work would the judge
lower the amount of child support or would it not be lower
until he goes on disablity?