modification help

[NHfather]

What is the name of your state? New Hampshire. But the order is in Massachusetts. I know! It probably don't matter much.
I'm on disability (SSDI) Paid support for 2 children now 1 of them's over 18 and on his own the other is 16 still with his mom. SSDI pays my 16 yr old more than what the court ordered, and I pay what the court has ordered on top of that. I want to stop paying double. so I need to go to court and have them recognize the SSDI as the soul support payment. I have since married and have 2 children with my wife.

MY QUESTION???????? IS

when I go to calculate my income. Do I have to count my wife's income on top of mine. we use her insurance for covering the 16 yr old but would her income cause my child support to go up.

Thank You for any help.
NHfather
PS. there was a lump sum payment of 5 years that my 16 yr old received and has now been receiving monthly checks from SSDI for the last 16 months.So I guess I paid 12 years of support in a 6 years period (GOOD LUCK TRYING TO GET THAT BACK HA HA).seriously! what answers do you have here????
Thanks

 

[betterthanher]

What is the name of your state? New Hampshire. But the order is in Massachusetts. I know! It probably don't matter much.
I'm on disability (SSDI) Paid support for 2 children now 1 of them's over 18 and on his own the other is 16 still with his mom. SSDI pays my 16 yr old more than what the court ordered, and I pay what the court has ordered on top of that. I want to stop paying double. so I need to go to court and have them recognize the SSDI as the soul support payment. I have since married and have 2 children with my wife.

MY QUESTION???????? IS

when I go to calculate my income. Do I have to count my wife's income on top of mine. we use her insurance for covering the 16 yr old but would her income cause my child support to go up.

Thank You for any help.
NHfather
PS. there was a lump sum payment of 5 years that my 16 yr old received and has now been receiving monthly checks from SSDI for the last 16 months.So I guess I paid 12 years of support in a 6 years period (GOOD LUCK TRYING TO GET THAT BACK HA HA).seriously! what answers do you have here????
Thanks

Your spouses income will NOT be included. Only what you are getting from SSDI. Have you ever filed for a modification once the child "aged out"??

Your CS should go down because of the one child aging out and since you are providing the insurance, that is considered child support.

have you ever tried to deal with the double payments??

 

[haiku]

Your spouses income will NOT be included. Only what you are getting from SSDI. Have you ever filed for a modification once the child "aged out"??

Your CS should go down because of the one child aging out and since you are providing the insurance, that is considered child support.

have you ever tried to deal with the double payments??

in Ma. subsequent children only count for 2% of the original order, so the support will not lower all that drastically with the emancipation of one child.

you should be receiving credit on the support amount for the childs insurance share.

And barring extenuating circumstance spouse income is not counted.

 

[BL]

File a modification , and provide proof if SSDI and insurance .

And no , I doubt you can get back credit from lump sum , but you can request it too .

 

[NHfather]

mod help

so wifes income does not play into it?

 

[stealth2]

so I need to go to court and have them recognize the SSDI as the soul support payment.

Well, if you consider that the amount you pay is for her body, don't you think it reasonable that both her body and soul are cared for?

(tongue firmly planted in cheek.)

 

[NHfather]

mod help

so i should go in and present the SSDI as payment and this would be the only sum i need to pay?
and i don't think i'll be getting any of it back don't really care to as i'm sure (or Hope) it went to good use but i woould like to pay only what i'm supose to

 

[BL]

so i should go in and present the SSDI as payment and this would be the only sum i need to pay?

Yes, present it ,that and proof of insurance coverage .

Will that be your only payment obligation ?

Depends on your State Guidelines .

 

[NHfather]

it's the only payment obligation i'm aware of yes