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if I became disabled and can no longer make child support payments will I face legal trouble if my disability is denied entirely?
So my cpncern and only question is;
What will a judge likely decide if ALL my disability claims are denied entirely, yet, i am still umable to work due to health issues.?
I am Voluntarily choosing to establish paternity with my daughter.and yet it looks like i may not be able to work anylonger, so therefore will not be able to make child support payments once i am obligated to.
The reason i WILL be OBLIGATED to pay child support, even though i am chosing to voluntarily, is because the mother of my presumed child has recieved welfare on this child.
Its time I find out if the child is mine and begin to be a dad,, but im afraid i can only be their for her as a dad, and not much financially.
So. Again my question is.. what if ALL of my appeals and hearings for disability are denied for some reason.. yet i AM in fact to ill to work, will the judge look at me as if i am healthy and has no excuse to not pay child support ?
I do know that if i DO get aproved for disability (SSI) that i will be imune to legal trouble if i cant pay, but if i simply never get approved.. what will happen..?
thankyou for your respectful responces..
Rick
6 Answers
- JudithLv 77 years ago
If you are approved for social security disability those benefits can be garnished for child support - up to 60% of the benefit.
If you are approved for SSI disability those benefits cannot be garnished for any reason because SSI is the federal welfare program.
If your disability is denied by social security I'm sure that the judge who determines child support will treat you as an able-bodied person who can work but doesn't want to.
Source(s): I was a social security claims rep for 32 years. - ?Lv 77 years ago
If your disability claims are all denied you will be obligated to pay. They will impute an income for you based on prior work and education.
You will need to find something you can do.
- babyboomer1001Lv 77 years ago
It won't be denied for your inability to make child support payments. In fact, your question does not make sense. Child support will be deducted from your disability income even before you see it. Only the balance will go into your account so, you will not get behind in child support payments if you are receiving disability income.
Source(s): Certified Paralegal - 7 years ago
Contact a disability attorney. You can find a lawyer who gives free legal arvice through your state's bar association.
