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  1. #1
    Join Date
    Oct 2011
    Posts
    124

    Default Ex Denies Arrears and Wants Child Support Order Lowered

    My question involves child support in the State of: Tx
    I did post in another thread "absent father wants full custody". But this is another thing I was woundering about. Ex was orded to pay 446 a month and an extra 100 for arrears. in 09 he e-mailed me stating that he lost his job and was unelegible for unemployment and that he was going to go to school to retrain for a different career. Now this year the oag is going after him for not paying and he is claiming he is disabled, something wron with his back. Well back in 06 when we was in court he tried to get on ssi bcause he is hiv+ but was denied and went back to work in his field, journeymen pipefitter. Now he is telling the courts he is in the process of applying for ssi. I was told that if he get ssi I could end up getting an order for no child support. Is this true? Im pretty sure he will get denied for ssi. But will the courts lower his cs amount because he got fired in 09 and wont go back to work? he gets tanif, food stamps, and his gf lives with him and she works. He also has custody of his 11 yr old son whom he get a ssi check for. Which I dont understand that cause he told me the boy is in all advanced classes making A's. Dont seem like the boy has any disability to me! Anyway I am nervous about the outcome in court of this oag case. We have court on Dec 5th and I have no idea what to expect. Can they make it so he dont have to pay the 13000 in arrears? And do you think the court will lower his cs amount? And is it possible if he gets ssi that he wont be ordered to pay cs?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Ex Denies Arrears and Wants Child Support Order Lowered

    If he gets SSD (as opposed to SSI) then it should be possible to apply for a benefit for his child, and that would normally take the place of child support.

    Your son his not your ex's girlfriend's child, so she has no obligation to pay you support for your ex's child.

    His child support would not normally be modifiable retroactive past the date of his petition for modification. If he has no money to pay toward the arrears, though, he has no money.

  3. #3
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Ex Denies Arrears and Wants Child Support Order Lowered

    The dependent benefit applies to SSDI, not SSI and if he hasn't earned enough qualifying credits he won't get SSDI.

    If he is on SSI then child support can still be ordered, however it will be impossible to collect since SSI cannot be garnished (unlike SSDI).

  4. #4
    Join Date
    Oct 2011
    Posts
    124

    Default Re: Ex Denies Arrears and Wants Child Support Order Lowered

    Thank you for you replies. He is very capable of still working, he just dont want to pay cs. He did this when we went through our divorce. He got fired for smoking marajuana and then said he was disabled and was applying for ssi. He only quit working so that he could get cs lowered. Again thank you for your replies. To be honest Im not too concerned about getting cs, although it would be nice. I planned on using it for her education but I can support her just fine without it.

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