Greetings. First, she cannot get blood from a stone, so let her take him to court. The funds she receives are all that she will receive in court. The law on disability determines how much your partner receives and how much the children receive as support.
Child support is about giving the same standard of living to the children as their parents have. If he only gets $904 per month, that is a relatively low standard of living and reflects accurately what she gets for the children.
Now, let’s be clear, her new husband and father are not responsible for raising your partner’s children, he is. If he cannot pay for children, he may want to consider not having any more.
Finally, you should check with a Florida attorney, but in NC, she would not likely get more than she already receives from disability. Thank you.
Janet L. Fritts
Attorney with Rosen Divorce
4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.256.1665 direct fax
10925 David Taylor Drive, Suite 100
Charlotte, North Carolina 28262
704.644.2831 main voice
704.307.4595 main fax
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service but a full discussion with an attorney should be undertaken before taking any action.