Child support and disability

[hockeydad39]

What is the name of your state? Michigan (Wayne county)

Hi all, I hope that someone can help me. I was/am paying child support for my 3 children. I was injured feb of last year and my workmans comp quit paying me in August of last year and then I applied for Social Security disability benefits and was approved for them paying back to august of last year. What do I do now since the arrears just keep piling up on my support account? Oh by the way,, my children are receiving ssd benefits also ...
Thanks, Bob.....

 

[Cyana T]

Hi "Dad"

Delaware here:

I cannot answer your "back-CS" questions (I'll leave that to more knowledgible folks) but I can tell you that moving forward you *should* have to pay less CS since your children are collecting their own benefits. I am permanantly disabled too and my son collects his own benefits. The result is that my ex-husband has to pay less CS than if I were *not* disabled but collecting my *current* income. Does that make sense? Hope that it eases your mind somewhat.

Good luck! ... Cyana

 

[dorenephilpot]

Here's how it would work in Indiana, which may differ from how it works in your state:

You would file a petition to modify the child support. The court would have a hearing on the issue, with you arguing why your support should be lowered and her arguing why it should not.

The modification won't be retroactive to the date of your injury, so you'll still have an arrearage to catch up, but the court can make it date back to the date of the filing of your petition.

You should also ask that the court give you a dollar-for-dollar credit for the government benefits your children are receiving on your behalf. In Indiana, you would get this credit, which will reduce or perhaps even eliminate your child support outlay. I do not know whether that is the standard used in your state.

Hope this info helps!