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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37855
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Im deealing with thius and have Multiple Sclerosis. I foirce

Customer Question

Hi, Im deealing with thius and have Multiple Sclerosis. I foirce myself toi work ot provide my son with benefits as the ex stilkl recieves child support and disability benefits resulting from my disability. Every other state uses the check the non custodial parent receives as a credit. Ive read that it has been done in NY but it has to go tot he appeals court. I cant work and am federally disabled but this women doesn't give a damn. I want this used as a credit so I can focus on my health which I ha e avoided in lieu of this. I'm going back to coiurt next Monday for a hearing but have to be appointed a lawyer as I cant afford one. What should I do and what do yu think my chances are to have the check my son receives as a result of my disability used as credit? If this keeps up my disease will capitalize and I will ultimately die.
Submitted: 2 years ago.
Category: Family Law
Expert:  LawTalk replied 2 years ago.
Good evening Doctor,
I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today.
Not all states except NY give a dollar for dollar credit against child support for child benefits that the child of a disabled parent receives.
Seven states in total don't give an automatic dollar for dollar credit. However, these 7 states, including NY, the court must consider the effect of the benefits on the needs of the child and in many if not most instances, the child support is decreased or eliminated by the court.
Unfortunately, in NY you must file a Motion for Modification of child Support and ask the court to decrease or eliminate your child support obligation based on the fact that the other parent is receiving the child benefit based on your disability.
When you are able to show that your child is receiving this benefit from social security disability, and their needs are satisfied by this payment---which is almost always the case because the social security benefit is usually more than the child support payment ordered---then I would expect the court to significantly decrease the child support, if not entirely eliminate it.
You may reply back to me using the Reply 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 and yours the best in 2015,
Doug