Legal Question in Social Security Law in New Jersey
Paying child support while permanently disabled
My husband pays his first wife between 300.00 -$400.00
per month. She also receives 200.00 per month from the
Government. He is totally and permanently disabled and he receives 860.00 per month. From that money he must pay her child support, even though she gets money for the children (2) from the government. So we end up with 500.00 per month to live on after he pays his child support. He cannot go out and earn extra money, as he is disabled. Is there a law that we can use to help us get this unfair support dropped? Montel Williams recently had a show on this very topic and he said exactly that ''how can a man be forced to pay child support when he can't go out and earn a living, and the children are getting money from the government '' Please help us...
1 Answer from Attorneys
Re: Paying child support while permanently disabled
This is not a matter of Social Security Law. Because your husband is disabled and collecting SS disability, his minor children have a right a benefit - which is paid to the custodial parent. There is nothing you can do through the Social Security Admin. to change that.
You really need to consult with a domestic relations lawyer in New Jersey regarding the rules for child support. I do not practice domestic law in NJ, so don't consider this legal advice.
Some courts may allow a reduction or offset of the amount of support based on the SS benefit received. Others consider the fact that father's income is lower now that he is not working and that the mother's income is increased because she receives the children's SS benefit and may adjust the support obligation accordingly. Still other courts say "tough."
Contact your local county legal services or the County Bar Association for the name(s) of an attorney who practices family-support-domestic law.
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