Dad`s Been Trying to Lower His Child Support for Years, He Is Very ill , Awaiting Liver Transplant
Child support case. Here's a summary of the key issues and decisions:
Mr. Gilbert is trying to lower his child support payments because he is very ill and on a liver transplant list. He has missed court proceedings due to illness, hospital stays, and being non-responsive at one point. He has not been able to work for the last couple of months, and his main goal is to get his child support reduced. He has been trying to get on Social Security for four years to help with his financial situation. Ultimately, his hope is that getting on Social Security will alleviate his issues and allow him to focus on his health.
Key Issues:
Mr. Gilbert's Child Support: Mr. Gilbert is severely ill, unable to work, and has significant arrears in child support payments. He's been trying for four years to obtain Social Security Disability (SSD) benefits.
Social Security Disability Impact: Once Mr. Gilbert receives SSD benefits, his son will also receive a payment. This will impact both the arrears and the ongoing child support amount. The exact financial implications are unclear until the SSD award is finalized.
Temporary Order: The parties are requesting a temporary child support order to address the immediate financial issues while awaiting the SSD decision. This would likely lower the current child support amount. The attorney for Mr. Gilbert is seeking retroactive adjustment of the support based on Mr. Gilbert's inability to work for several years.
Arrears: A significant amount of child support arrears has accumulated. The question is how the future SSD payments will impact these arrears. It seems there's a statute affecting lump-sum payments but not ongoing benefits.
The precise impact of the eventual Social Security Disability award on the arrears and ongoing child support remains to be determined. The judge and attorneys seem unsure about how the law specifically addresses lump-sum versus ongoing benefits.
The specific terms of the temporary order are yet to be finalized.
Overall: The judge is attempting to balance fairness to both parties while acknowledging the significant medical challenges faced by Mr. Gilbert.
Child support is money paid by one parent to the other parent for the purpose of providing financial support to a child or children. Most frequently, child support is paid by the non-custodial parent to the custodial parent, but this is not always the case. Depending on where you live and the agreement you reach, the child support you pay or receive and what expenses it should cover will vary.
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