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Child Support & Disability

rosie33's picture

Does anyone have any experience with the mother being on disability and if it affected child support? Our BM currently works making $15/hr so CS isn't outrageous anymore but I am nervous because she is going to leave her job. She already filed for disability and her Doctor will write or give her anything to back her up so she gets it. Can she go in and file a CS Mod if she starts claiming disability? AND bigger question, can it be raised?

We have finally got to a position where we are saving money and we want to go car shopping this weekend but now I am worried. I don't want to get a car and have a car payment if we are going to end up paying a crap load more in CS.

step off already's picture

It will depend on what she takes home from disability and/or SS or EDD benefits. It could easily pay her the same amount or it could be less. It just depends on what her benefit ends up being.

That being said, if she ends up taking home significantly less, she could file for a modification and your DH could end up paying slightly more.

rosie33's picture

Yes. She already filed and she is still currently employed, pending an investigation, in which she may be fired anyway. I think that is why she filed for disability, in case she is in fact fired. The only reason I think she could use for disability is that she had carpal tunnel surgery a couple weeks ago. But I would think the surgery is to fix it so that she could work again. My brother had the same surgery and went back to work.

Your comment eases my mind a little! Thanks! We live in PA.

rosie33's picture

I hope its not easy for her! Unfortunately, her live in BF receives disability AND works a full time job! Which is what makes me thinkg she can get the disability. He didn't file taxes either so that red flags wouldn't come up because he's employed! It's another story in itself. He's been reported but I dont think its been investigated.

stepinhell617's picture

If I hadn't been home with kids and so not had enough current work credits I would have been "lucky"- my illness has no effective treatment except an organ transplant and is on the VERY short list of automatic approvals for SSDI (keeping company with nasty stuff like ALS and aplastic anemia)since the expected lifespan is shorter than the typical length of the SSDI process which can take years.
What's really fucked is I worked long enough for my family to get a nice monthly check after I die but not recently enough for disability since I was home for five years before the shit hit the fan. Be prepared for things to go either way with BM- I have seen people get SSDI who didn't really qualify and others denied that really fit the criteria. It is a really odd system.

rosie33's picture

Thank you for all the comments! They definitely eased my mind a little. We have just been so screwed in the past that we always just accept the worst outcome will happen!

In posting this though, she actually just told my fiance she decided to be a stay at home mom and will not be working so she could help with the kids on our weeks if we need her to. (we NEVER ask her for help on our week) I told him that was a good sign because she admitted she is voluntarily not working. However, she also said she was recently diagnosed with Tibial Patellar Syndrome - I looked it up and it was listed as a sports injury, she definitely does not play sports, so I dont know if that is what she is basing her disability off of or what. I guess we just have to wait and see what pans out.