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Daniel Solutions
Daniel Solutions, Divorce Lawyer
Category: Family Law
Satisfied Customers: 9934
Experience:  Practicing Attorney for over 15 years
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I am currently on SSDI. I have been on it for 8 years. I have

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I am currently on SSDI. I have been on it for 8 years. I have reapplied and I believe rehired at my last job. I was a salesman at a Toyota dealership. I had been there for four months before needing a knee operation. Before that I was a Real Estate agent. I went to family court for surrport when unemployed. I have a 12 year old daughter. Not living with me. I was never married to her mother. I have spoke to SS about ending SSDI. I went to Child Support Enforcement. I told them the same. I didnt recieve a very clear answer how surpport change and when. I have tried to get out in front of this. My wife now is asking me how this will impac my pay check when I recieve one. I am just looking for some help to tell her. How would the state figure the amount of surpport me becoming comission only. Does my employer pay the surpport office? My surpport paid in surpport by SSDI was one half of what I recieve. My court ordered surrport was $199. She has been recieving $721.00 from SSDI. That amount was not always that amount. It has climbed over the years. Am I going to have to pay $721 or $199? Thanks

Hello Mike,

Sometimes there may be a delay in receiving a reply from me as I work on creating the best solution to the question you have presented.

It's good that you are being proactive in seeking information before things go into effect.

If your child support was modified to reflect only your SSDI then it would increase based upon projected prior income working at the Toyota dealership since that is where you were rehired. If sales are down compared to where they were when you last worked at the dealership, it will be up to you to convince the court that you new commission earnings will not be the same as they were. Such proof can be obtained from your employer. Eventually your employer will send in the child support payments if the court orders the payments through the employer but until the employer deduction takes effect, you would be required to send in the payments set by the court.

Part of the $721 that was receive was not true child support but also included a stipend or payment to unmarried minor dependent children of a parent receiving SSDI. You would not be required to pay the $721. If child support is not increased by a court order, then you would only have to pay the $199, but if the court increases child support based upon your new commission earning then you would pay that new amount.

I hope this information helps you understand the process.

I wish you well,

Dan

Customer: replied 4 years ago.


Thanks Dan. My orginal child surpport was based on minimum wage here in Virginia. Not my wages at the car dealership. So would they go back to the minimum wage figure. I may not get a pay check for awhile. In the winter car so go way down. Most people leave. Iam I going to have to go back to court? Or do they just refigure in some office?

If you were working at the Dealership for over a year when the original child support was set based upon the minimum wages, then it should go back to that amount unless the mother convinces the judge that your true earning potential is significantly higher than that amount.

Based upon what you shared with me it is most likely the minimum wage would be the amount.

You would need to have a new court order in place because once there is a court order, then only way to make a modification is by a new court order. If you and the mother can come to an agreement then there can be a modification agreement created by an attorney and submitted to thecourt with a new modification petition and it is possible to avoid court.

I hope this helps,

Dan

Customer: replied 4 years ago.


I was only at the dealership for 4 months. The court was using minimum wage as my income. So with no income history. minimum wage would be their starting point. Me being 100% comission. One last question. Would my employer pay child support based on a percentage of what I earn per month. Or a sraight dollor amount. Reguardles of what I make. Thanks

Minimum wage is the starting point but if you have a history of earning significantly more when a court views the issue of child support, then the court uses the higher level of income eventhough it is commission based.

Your employer will send in the amount ordered by the court. Your employer does not make the determination as to the child support amount. So in other words, it is not a percentage but rather the specific amount ordered by the court.

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