Child Support Modification

[jmc09]

I was injured during a work related injury two years ago and I am now totally and permanently disabled. I am receiving a law enforcement in line of duty disability pension as well as SSD for myself and my minor child.

Since my original court order for child support my ex is now making approximatley $22K more plus bonus than the original agreement.

He is asking for a modification because I am receiving SSD for the child and he feels he is no longer obligated to pay because of this payment.

Where do I stand with this? I no longer have the capacity to earn any money to provide for my child and must live on a my disability pension and SSD.

Would he possibly win this appeal? HELP!!!!!!!!!!!!

[Attorney Howard Iken]

child support would be first calculated in the usual manner. Then, any SSDI received by the child would be a direct offset against child support.

Because your ex is earning more, child support initially would be higher. There rest depends on what the child receives.

Attorney Howard Iken
The Divorce Center