Child Support with Disabled Husband

Here is the website of the Texas Attorney General Child Support Division. If you can't find what you're looking for, you can call them. The Plano CS office is in your area - their number is on the website under the "Contact Us" link - just scroll down for the Plano office.

https://www.oag.state.tx.us/cs/parents/index.shtml

FYI, I changed this answer after talking to my husband when he got home so my previous response was off.

The simple answer:

If your children's SSD checks are based off of dad (title 2 disability) and not some condition of their own, then YES you are still entitled to what ever child support the courts order (whether they decide the kids checks are enough or not is up to the court) in addtion to those checks and it can/will be deducted out of your ex's SS check.

I private messaged you with more details.

I would see what an attorney says, or the SS office, or you might just have to call the Child Support Enforcement office in your district. You could call your local Department of Human Services, or what ever those Texan's call it...LOL Okie here. There is an 800 number in Oklahoma but we also have a local office that they don't have a phone number for. You may have to do some searching to actually find out where the office is and go as a walk-in.

In my opinion there isn't much they can do to him for non payment except try and keep the tax refund, there is very little garnishment on disability. Maybe $25 - $50 a month. If he is remarried or files with someone they can file injured spouse and get their part in full refunded to them.

I would think any of those offices would be able to give you accurate information but until a Judge has decreed a change to the child support document then all the child support is due.

I appreciate your situation, really I do.

Contact your local division of Child Support.

I believe the disability benefits your son is now receiving due to his father's disability IS the child support. If your ex is continuing to work, then you could ask an attorney about it -or call Legal Aid for free -but chances are if he's receiving SS Disability benefits it's because he's unable to earn enough of a wage to fully live on or pay extra child support from.

Sorry to tell you but most likely that is the case, your ex will not have to pay child support because of the SS benefits. At least this is what the court decided for my husband and his ex-wife. Hopefully you will not deny your ex to be in you son's life because of this like she (my husband's ex did:-) good luck to you and maybe your case is not the same as our's was but you will most like have to pay court fees to find out.

I don't have any experience with child support payments. However, I would contact the child support agency. I'm not sure if disability payments and child support payments coming from the same source? or are they two different things. Some people who are disablied do have employment. is the disability his only source of income?

My ex is on 100% SS disability. My daughter receives a SS payment also. The amount that my daughter receives is based on a percentage of what her father receives. Her payment is 1/3 of what his is, or 25% of the whole that SS is paying. So in other words, your husband (through SS) is already contributing 25% of his income.

The only way to be sure is to talk with your local authorities, because states differ in child support calculations, but it is likely that he would not be required to also pay you a % of his SS payment.