Child support - What if I can't work due to caring for a disabled child who is not involved?

Asked about 5 years ago - San Bernardino, CA

I have a son who lives with dad. I have another son who lives with me (different father) and he is severely disabled. He gets SSI. I am the payee. I am being ordered to pay support on my son who lives with his dad because his dad now gets aid from the state. I claimed I cant work because I care for a disabled child. They want a letter from a doctor saying I cant work. The earning potential they estimated was a little above the actual SSI that I get for my son. My son is in and out of school, randomly. The SSI provides a steady income that I otherwise could not depend on if I worked. What do I need to do to prove my case? What can I provide the courts to prove that I can’t work due to his disability? Please be specific. Thank you for your time.

Attorney answers (1)

  1. Parastoo Kalor

    Contributor Level 14

    Answered . It seems that they have already told you what they need. You need to obtain a letter from your son's doctor stating that based on your child's disability, you have to care for him around the clock and therefore you would be unable to obtain and maintain a job. However, if your earning potential based on your education, skills and experience is high, then the court may order you to get a job and hire someone to care for your son and pay support for your other son from the left over income.

    NOTE: This answer is made available by the lawyer for educational purposes only. By using or participating in this site you understand that there is no attorney client privilege between you and the attorney responding. This site should not be used as a substitute for competent legal advice from a licensed professional attorney that practices in the subject practice discipline and with whom you have an attorney client relationship along with all the privileges that relationship provides. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

26,412 answers this week

3,286 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

26,412 answers this week

3,286 attorneys answering