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My son has been on disability for 7 months. He gets $1216.00

My son has been on...
My son has been on disability for 7 months. He gets $1216.00 a month and his child support is $700.00 monthly. He has been paying it, plus he gave his ex-wife $6500.00 in the income tax return. How much is his legal obligation while he is on disability?
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7/9/2013
LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,855
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
Good afternoon,

I'm Doug, and I'm very sorry to hear of your son's situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Is he receiving state disability or social security disability?
2. Is there a child support order for the $700 a month child support?

Doug
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Customer reply replied 4 years ago

This is state disability, and yes it is a court order. However, my son agreed at the time of the divorce to pay an additional $200.00 more than what would have been the amount ordered by the court because he wanted the best for his children. Also, it is a very good possibility that within a few weeks he will have to apply for social security benefits. SSI. This is extremely difficult and hard for him to accept considering he is only twenty eight years of age. However, he has become very ill.


 

Good afternoon Valarie,

I'm sorry that you are asking now about this as opposed to half a year ago. But now is better than never.

Because of the long term nature of your son's disability, he could have filed a Motion for Modification of Child Support at any time and based on his disability and his significant decrease in income, the court would have agreed to lower his support, and they still will do so---probably to about $250 per month.

Your sin can, and should apply for Social Security Disability right now. If he is still disabled, it is possible for him to qualify right now. And because the process takes about 6 months to complete for social security, when he is deemed disabled, they will give him retroactive disability back to the time he applied for it.

If he is awarded social security disability, his child will also get a benefit from social security equal to half of what your son will be getting. And under CA law, that money for the child which is paid to the mother will be a dollar for dollar credit for what your son owes in child support. In most cases, that would mean that your son would no longer have to pay any child support at all.

So have him apply for social security disability as soon as possible.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug


LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37,855
Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.
Verified
LawTalk and 87 other Family Law Specialists are ready to help you
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Thank you for your positive rating of my service, Valerie. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
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LawTalk
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Satisfied Customers: 37,855
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Experience: 30 years legal experience. I remain current in Family Law through regular continuing education.

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