collecting disability only making 450 a month do i have a chance to get a bit extra they take over 800 a month from me already plus the kids get separate disability of 660 a month do i have a chance to get any extra money back i owed a lot but have caught up quite a bit
If your sole gross income is $450.00 month and the child support award, which I assume includes arrears, is $800.00 per month, I would think that you have a good claim to have your child support modification reduced, unless you are voluntarily impoverished.
This is a general response that should not be considered legal advice. No attorney-client relationship has been formed. Please speak with an attorney in more detail about your specific situation.
I agree with Mr. Martino. The children's disability insurance payments should reduce the amount of child support you owed, as well.
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The effect of the disability insurance payments depends on (1) whether the child is getting the benefit as your dependent, or (2) whether the child is getting the benefit for his or her own disability.
(1) If the child is getting the benefit as your dependent, even if the other parent is the child's representative payee (the person actually getting the money), then the benefit amount should be deducted from your child support obligation -- and, if the benefit amount exceeds your child support obligation, then the excess should be applied to your arrearage. Here is what MD FL § 12-204 says:
(j)(1) Except as provided in paragraph (2) of this subsection, when a disability dependency benefit, a retirement dependency benefit, or other third party dependency benefit is paid to or for a child of an obligor who is disabled, retired, or is receiving benefits from any source as a result of a compensable claim, the amount of the compensation shall be set off against the child support obligation calculated using the guidelines.(2)(i) If the amount paid to or for a child exceeds the current child support obligation calculated using the guidelines, the excess payment shall be credited to any existing child support arrearage that accrued after the effective date the benefits were awarded.(ii) The excess payment may not be credited to any future child support obligation.
(2) However, if the benefit is being received because the child himself or herself is disabled, then the benefit amount is NOT automatically deducted from your child support obligation, but the Court has the discretion to deviate from the guidelines result to deduct all or part of the benefit, if there are good reasons to do so.
You should consult with an attorney with experience in this issue.
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