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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 116705
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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I am currently disabled. I have small vessel brain disease

Customer Question

I am currently disabled. I have small vessel brain disease and vessels in my heart that can not be stinted or surgically repaired. For three years now I have been declared disabled due to the small vessel brain disease. The heart problems are new since April 2015. I take 18 different kinds of medication in order prevent severe head pain and I also take meds for the heart including nitro on a daily basis. I make 1018.00 from my disability check. I pay 661.00 to child support. The remaining 358.00 is what I actually bring home. My wife has lost her job taking care of me and we have difficulties paying bills. The SSA also informed my that one parent who receives 525.00 a month from me also receives over 500.00 from SSA directly. I know she makes around 72,000.00 a year. My wife's health continues to fail for she is taking care of me. I am sorry to take so long to inform you of the question. I was told by SSA to apply for diminished capacity with regard to my child support. If something would happen to my wife I would not make it on 328 a month. I can not find a form. Is there one. I have asked for legal help but everyone wants 5200.00 retainer or more. Is there some way you can help me or send a form?
Thanks for your time
***** ***** ***@******.***
Submitted: 2 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You need to file a motion to modify child support (http://eforms.alacourt.gov/Child%20Support%20Forms/Modification%20Petition%20for%20Support.pdf) and in it you need to explain all of the reasons for asking for why your support should be reduced. First, your diminished earning capacity based on your disability, combined with your spouse's loss of income (which does not necessarily impact child support, but it shows you do not have other support available to you). Second, you need to state that the other parent is receiving SS dependent benefits for the child because of your disability, which is also grounds to reduce support and give you credit for what she is receiving from SS on your behalf.