My question involves child support in the State of: INDIANA
My wife was awarded SSDI on 8/9/2013. After speaking with the local SSA office we were told that my wife did not contribute enough in taxes for her children to receive derivative benefits. She will get $481.60 a month in SSDI (she is unable to work to due to a debilitating mental illness) because she was 23 at the time she became disabled. The child support agency notified the SSA that they would garnish her backpay to cover her arrears and have a continuing garnishment to her monthly benefit amount (Her support order is $76.50 a week for two children) leaving her with just $130 a month. Her support order was based on the assumption that she had the potential income of minimum wage 40 hours a week. Now that a judge has said she is unable to work I don't understand how they could say she has the potential to earn $15,080 a year ($7.25X40=290 per week X 52 weeks) when her total yearly SSDI income will be $5,779. She is unable to get SSI because she is married to me and I make too much. I had been paying her support for 2 years while she applied for SSDI because I knew she was unable to maintain substantial gainful employment and the court would put her in jail if I did not pay it. Now that a judge has determined she cannot work (ie no potential income) and she has an actual annual income of $5,779 can the support order be modified and if so what is it likely to be after a modification hearing? Any help would be greatly appreciated. My wife and I were both disappointed on hearing that she did not contribute enough for her children to qualify for derivative benefits both for the children's and our financial stake.