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ANDREA,
ANDREA,, Lawyer
Category: Family Law
Satisfied Customers: 12554
Experience:  25 yrs Family Law, Real Estate & Business Law, Criminal Defense, Immigration, Employment Law
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My husband pays 150 as agreed monthly child. We are married

Customer Question

Hi my husband pays 150 as agreed monthly for his child. We are married and have 3 kids. Now he has to have surgery therefore go on disability. They will pay him 950 a month. Since I'm the bread maker and he's a stay home dad. Now child support sent us they know he may qualify for disability ( temp). Will they increase his child support payment. ? And also if we have kids , does he still have to pay 35 percent of his earnings? Or is it actually less?? Lastly can she come after my earnings?? Thank you
Submitted: 1 year ago.
Category: Family Law
Expert:  ANDREA, replied 1 year ago.

Hi, and Welcome to JustAnswer,

Your husband's child support obligation will be recalculated based on the amount he will be receiving as temporary disability. If the amount he will be receiving in temporary disability is less, then his child support obligation should be reduced to reflect the reduced amount he is receiving. This is not done automatically and it usually requires the payor to file a "Petition to Modify Child Support".is less than he was receiving before the disability.

In Answer to your last question, "No", your earnings cannot be takn to satisfy any child support obligation of your husband.

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Kindest Regards,

ANDREA