Disability benefits and Child support -- Please help


#1

[size=12] I am newly married and have a child from a previous marriage. My husband is the primary breadwinner and for that I am grateful however, we are running into a recurring issue that is causing problems. You see I have raised my kids on my own for a very long time. I have done this without the support of my ex. I have filed for child support, when through all the court stuff, and to say it was hell is an understatement.

Well, my ex found a clever way to avoid paying child support.  He played crippled and was able to get disability benefits.  My attorney was able to get his medical records and they did not match what was reported as well, present a letter to the judge from his doctor that stated he was only unable to work in the profession he was currently in. The Judge choose to not take any of it into account and wiped clean all back, current, and future child support owed to my child.  I know he is able to work but cannot prove it. 

 His disability benefits give a portion to his children.  Since his disability, he has had two other children and has a third on the way.  In the beginning, my daughter received an allotment of two hundred forty dollars but with each child that has decreased, she is now receiving seventy dollars a month.  So now with the third child on the way I know that will be reduced even more.   My child is the only one of his kids that does not live with him.  So, he and his girlfriend are getting a check for all of them in that house, enough so that no one in the household works.  

This man does not do anything for my child, always claiming financial hardship but moved into a new house, got two new cars, and wear the latest styles in shoes and clothing.

 This brings me to my dilemma, my husband is very frustrated that my ex has all the rights of a father and none of the responsibly.  This year alone, he has paid for braces, band camp, a clarinet, Christmas, birthday, summer camp, and now school shopping.  He says it is not the fact that he has to do for my child but the fact that I am not doing anything to hold my ex accountable as a father.  He feels I am letting him get away with murder.  After the Judge looked me in the face in open court and said, “I in good conscious cannot punish a disabled man with child support.” Then to add insult to injury she then says, “Well Mom works so the child will be ok.”  I do not see anything I can do other than just make due and go in with my life.  Which brings me to my question, am I right or am I being a pushover?[/size]

#2

It sounds as though you have done what you can to attempt to have your ex stand up to his financial responsibility with for his children. The judge ruled on the case in favor of your ex, despite the evidence you presented, the ruling sticks.
You may a motion to modify child support based on a change in circumstances, perhaps if you can document your ex engaging in activities (playing with his children) that proves he is not disabled you could convince a judge to order support.