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What happens with CS while applying for SSDI?

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What is the name of your state? OH

My brother currently pays child support for his 2 children. He just filed for disability due to mental illness. His wife works, so they probably won't qualify for SSI. Can he request for a modification of child support while he's doing all this, or he will he end up in jail if he's not paying CS until he gets approved for SSDI (which he says may take a couple of years.)
 


Just Blue

Senior Member
What is the name of your state? OH

My brother currently pays child support for his 2 children. He just filed for disability due to mental illness. His wife works, so they probably won't qualify for SSI. Can he request for a modification of child support while he's doing all this, or he will he end up in jail if he's not paying CS until he gets approved for SSDI (which he says may take a couple of years.)

He needs to file for a modification RIGHT AWAY. What kind of mental illness does he have?
 

LdiJ

Senior Member
I agree that he needs to keep paying.

However, if he does get approved for SSDI it will be backdated to the date that he first applied, and that means that the mother of his child(ren) will get back pay for the children as well. If handled properly in court, that can mitigate some of his arrearages.

However he may not get approved....so its best that he continue paying. His wife may have to help him.
 
He needs to file for a modification RIGHT AWAY. What kind of mental illness does he have?

He has severe bipolar. There's no way his wife can afford to pay his $450/mo child support on her cashier's income. She works full-time, but she has 1 child (whom she gets around $100/mo child support for) and they have 1 child together.
 

BL

Senior Member
Child support arrears will continue to be added on until a modification occurs .

He needs to file a Petition ASAP .
 

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