Child Support and Medically Unable to Work

[horseyjess]

My question involves child support in the State of: WV



My husband has not been able to work for a long time. He had a Plif surgery in Sept on his bad back. He still hasn’t been released back to work. His Dr told him yesterday the surgery was not successful. That he CAN NOT work still. We have struggled to pay his support and I can't do it anymore. He is to have an Alif surgery. It could take up to a year for him to have it as the neurologist has a no time in his schedule till July 2013 and he has to deal with the VA. Its a service connected thing and surgery #3 on this area alone!

With this new pending surgery I am going to have to put our LO in daycare and other things. We were told that they can modify it temp. His ex-works only minimal under a full time min wage job so is usually give that as an income. His only income as of right now is 776 in VA disability bennies but it includes my 3 children and myself as dependents. How would this work and would it be worth it to do? His current support is 361.72

[Dogmatique]

Has he applied for SSDI?

There's only one neurologist who can do this surgery?

(No, I'm not prying - but the court may well ask the same question)

[horseyjess]

He has applied for SSDI and has received an unfavorable ruling. They did not have the correct files from the VA. We are working with an Atty to appeal that may take some time I guess. As the last step was in front of a judge. I don’t know anything about SSDI except it was in a lawyers hands that didn’t get him far. In the ruling there were notes that weren’t his and and drs he has never heard of and nothing as far as his back from recently.


His back is service connected and must be done through the VA system. This is the only neurologist they have assigned him and it took 2 years to get his first surgery. This one didn’t go right as his nerves were not in the normal configuration. So with that they placed the hardware and hoped for a fusion. No fusion and the DR is afraid that the hardware may break. He has put in for surgery ASAP and is trying to actually treat him outside of the VA system. Under Fee basis or Wounded Warrior Project. Nothing is a for sure and it could take up to July 2013 to get the VA to do something. I hate dealing with this system! I cant have it taken care of outside the system as then he would lose his current and future disability payments. If later down he has more complications the VA will pay for them.

Its odd and you are not prying at all. Oh and yes the Dr did notate his medical records that he CAN NOT work until at least six months after the next surgery.

He has been out of work due to his back issues and neck issues since Feb of 2010. He had two disks fused in his neck in Sept of 2010. That injury was Janof 2010 and he was put off work via a different Dr.This was work comp and he was taken out of work. Then his back was pending surgery and he had his second back surgery Sept of 2011 and now we are looking at another surgery.His child support has been paid mostly except during the times we had his kids. It was impossible to do it then. Well things just keep adding up with no light looking at the end of the tunnel. Something has to give. We (he) has put off filing for a reduction because it was always well this will be done soon and it will be over. Well I cant do it anymore. I can't maintain everything and take care of him. They can't seem to make my ex pay support and I can't see my husband in contempt. We were unable to pay last month and I only sent in a partail payment this month. AHHH I feel like I am whining on top of that she refused to adhear to the visitation this year and if his surgery is next year he will have to refuse them. Ok whine over!