Disabled Vet Seeking Decrease in Child Support Order

[ArmyDadof2]

My question involves child support in the State of: Louisiana

I receive disability benefits from the VA & recently requested a review for modification of child support.
The current amount is based on what I was making at my last job, but I'm not working anymore due to my disability. Will I be able to get a decrease in child support?

[Dogmatique]

Nobody can really predict how your judge will rule.

Are you also receiving SSDI?

[ArmyDadof2]

No, I applied & was denied.
Are there cases I can use in my favor? Is there any reason a hearing officer wouldn't decrease it? I'm trying to build my case since I don't have a lawyer.

My ex has a college degree & makes good money, I on the other hand will probably struggle just to pay rent for the rest of my life, I also have another child I have full custody of, if that makes a difference.

[Dogmatique]

Have you appealed the SSDI decision? Here's where I'm going with that: If/once you're approved for SSDI, your children will be eligible for dependent benefits and you can ask that they are in lieu of child support.

It is possible that you'll be denied the downward mod, but much may depend on your VA disability rating and whether or not you're deemed to be able to work at least some sort of job.

[ArmyDadof2]

Also, my ex texted me the other day (after she found out I requested a modification) & said I don't stand a chance in getting a decrease because I have arrears & enrolled in school full time. Is this true? I fell behind on my support b/c I left my job to go to rehab for PTSD, since then I haven't been able to find another one & decided to go back to school to get my degree. She didn't work while she was in school, isn't it the same thing?

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I've considered appealing, I don't have a lot of time, our court date is in 2 months, how long does the appeal process normally take?
Can I ask for a continuance if my appeal is still pending when we go to court?

[Dogmatique]

Are you in school full time now?

[ArmyDadof2]

Yes, I'm currently enrolled full time

[Dogmatique]

You are at school full time, hoping to get your degree which will enable you to do...what?

Please bear with me - there is a reason I'm asking

[ArmyDadof2]

Right, a job... a job that I can handle with my disability. I used to work in construction, there's no way I can do that kind of work anymore.
So what your saying is, my case would be stronger if I wasn't in school? Our court date is in December, I can just finish up the semester & wait to enroll for spring, so when we do go to court, I won't technically be a "full-time student".

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She also said the courts won't show me any mercy because I don't see our son regularly. I don't have a visitation order & she only lets me see him when it's convenient for her, which has only been twice this year. Will this be held against me? I call & ask to see him, but since I don't have a court order, I'm pretty much at her mercy.

[mmmagique]

What *kind* of job? (we kinda figured it was so you could find a job.)