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Disability/CS question

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aculbert

Member
How will I get child support if father is disabled?

What is the name of your state? ALABAMA
My sons father has been paying court ordered CS for only 2 years. He lost his job in November 2005. He came up with CS for December by selling a sattle.He has been in arrears the entire time,since our son is now 10. He owes a total of $56,000, for 4 children, owed to 2 mothers and 1 grandmother.
He was shot in the back in late December (he says it was an accident). He is claiming he has nerve damage in his arm. He has not applied for disability and can't afford the doctor visits to prove it even if he had applied.

My first question is: In his current condition, what will be done to him if he doesn't pay?

Second question: He is not on the birth certificate and we were never married. If he does try to get disability, will our son be able to draw off of him? Or will I have to change the birth certificate?
 
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Gracie3787

Senior Member
aculbert said:
What is the name of your state? ALABAMA
My sons father has been paying court ordered CS for only 2 years. He lost his job in November 2005. He came up with CS for December by selling a sattle.He has been in arrears the entire time,since our son is now 10. He owes a total of $56,000, for 4 children, owed to 2 mothers and 1 grandmother.
He was shot in the back in late December (he says it was an accident). He is claiming he has nerve damage in his arm. He has not applied for disability and can't afford the doctor visits to prove it even if he had applied.

My first question is: In his current condition, what will be done to him if he doesn't pay?

Second question: He is not on the birth certificate and we were never married. If he does try to get disability, will our son be able to draw off of him? Or will I have to change the birth certificate?
If he were taken to court on contempt the Judge might order a purge and order him to either apply for SS or look for work. It's doubtful that he would be jailed because he can probably at least prove that he was injured and unable to work.

Is your child the oldest? If he owes CS to so many people, the CP that will be most likely to be able to collect anything at all would be the oldest's mother. It sounds like you're in a no win situation with him owing so many CPs. You can try filing for contempt, but sadly, in the meantime you should get used to the idea that you probably won't be able to collect much from him, and budget accordingly, sorry.

If he does go on SSDI you won't have to change the BC in order for your child to get a check. All you'll need is a certified copy of the CS court order establishing him as the legal father.
 

aculbert

Member
Gracie3787 said:
Is your child the oldest? If he owes CS to so many people, the CP that will be most likely to be able to collect anything at all would be the oldest's mother.

If he does go on SSDI you won't have to change the BC in order for your child to get a check. All you'll need is a certified copy of the CS court order establishing him as the legal father.

One child is about 6 months older. Then a set of twins by the same woman are a few years younger. But the maternal grandmother has now obtained custody of those boys. He owes $54,000 in arrears only to the mother, no current. He maternal grandmother has applied for support 3 months ago, which he has not paid a dime and is in arrears of $1,500.And he owes arrears to me of $10,000.

Thank you for the reply.
 

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