How much child support can be taken from SSD?
My husband and I live in Ohio, his ex wife lives in KY. My husband is on SSD from kidney failure and is on dialysis. He doesn't work. He gets $639 a month. His ex gets $110 of that. So that leaves him $529 a month. Now his ex wants to take him back to court for more support because their child has some medical issues and even though she carries insurance on him she had co-pays. So she expects him to pay for them. My husband has Medicare to cover his own health issues and can not add his son to it. We are struggling financially too because what Medicare doesn't cover we have to. And dialysis is expensive.
So my question is can his ex take more of his SSD check? She tried to get SS for their son but SS said my husband hadn't paid enough in to it to get a check for his dependents. I am really stressed out because we can't afford to loose any of the little bit of $ he gets. I am working and going to school.
- TayLv 57 years agoFavorite Answer
I don't think so. Simply because your husband is unable to work and his reason for that is valid. So if his ex wife drags him to court it won't take much to convince the judge that he is doing all he can.
I've heard stories where ex wife or husband drags the other parent thinking that they can increase the child support payments but in some case, it turns out to be the other way around (it's rare but it happens). Judge can decide to either increase or decrease the support payments.Source(s): Custodial Parent/Mom
- SlabberdaskenLv 77 years ago
Wow, aren't you the evil step-mom. When you marry a man with children from previous relationships you are entering into a package deal. Your husband's first family comes before you, your needs, and even any children you may have had together.
That said, Social Security decides how much goes toward the support of his minor children.
The good news for you is that you are NOT responsible for the support of his first family. Whatever your husband has to pay cannot be assessed based on your earnings, but solely on his income.
However, his ex can sue him for back child support that he may have owed her before going on disability. She will get a judgment against him. She can collect on the judgment just she could if it was any other type of debt. Back child support never goes away. It can be collected even long after the children becomes adults. If your husband should pass away and owe judgments. His estate will be responsible for payment.
- thylawyerLv 77 years ago
The child may be entitled to SSDI payments, not SS, which the child is receiving. The court may be able to order more child support, but your husband should complete and file the financial statement showing his additional medical expenses. The uncovered medical expenses for the child should be divided equally, not just on the father. It is possible that the court will reduce the amount of child support.Source(s): http://www.kylawhelp.org/node/744