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JPEsq., Lawyer
Category: Family Law
Satisfied Customers: 5106
Experience:  Published articles on family law, featured in several publications for successful trial work.
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Hi, I live in Michigan and have an 11-year old son. My

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I live in Michigan and have an 11-year old son. My son's father, who I was never married to, was recently given a "fully favorable" decision on his SSD case. He currently owes me $3,000 in back pay on child support. The reason why the amount is so low is because I regulary forgave the back pay as he has never really had any steady income. My question is, would it be wise of me to forgive this back pay he currently owes and drop the child support case as he is telling me it will make his SSD case more difficult and our son will receive a monthly SSD check as well until the age of 18 anyway?

It is true that your son will receive support as well as part of his father's SSDI. But if he has received a fully favorable decision, he is probably owed past due benefits... in which case the child support can be garnished in a lump sum. Even if it is not, child support can be garnished from SSDI.

As far as making it more difficult... I don't see how that would be the case. First of all, child support has no impact on his SSDI determinations, second, he already has the fully favorable decision. Having dealt with thousands of SSDI determinations, I really don't see the difficulty here. I see no reason why forgiving his child support would have any effect on anything.

JPEsq. and 2 other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
Thank you for your prompt response. To clarify, do you mean you see no reason why NOT forgiving his child support would have an effect on anything? As I would rather not forgive it...
Yes, that is what I meant. I don't see why you should forgive it.

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