Enforcing Child Support If He Claims To Be Disabled

by Angie

I have had a child support order for 7 years. 2 of those years he was in jail. while he was in jail i paid myself to help him out. Over the last 5 years he may have worked 2. Last may i paid again so he could get his drivers license back before they suspended it. Recently he has gotten ugly with me and threatened to take me to court-he has no court ordered visitation-just as we agree. at one point at his job, he hurt his knee and was off for awhile. When the dr. refused to write him as disabled, he shopped around until he found someone that would write him off.

So i was told by his other ex wife that child support can not enforce his support orders because he's disabled and basically they cant touch him. Is this true? He is very capable of working, he just doesn't want to. can he be ordered to go for a second opinion? Also, my divorce papers state we split the non covered medical bills 50/50. Does this mean if i pay for health care coverage out of pocket does he have to pay 1/2 of that too? Or do i need a separate medical order that states that? it cost me about $90/mt for my son.

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Not true
by: Child Support America Team Member

Hi Angie,

Thanks for your post. It's a shame that your ex did not respect nor appreciate what you did for him while he was in jail. What a shame!

Also, in order for your ex to claim to be disabled he must file and be granted disability through the state. Not a doctor. Even so, this still would not keep him exempt from paying child support.

It may not be allowed to come out of his disability check, BUT he would still be required to pay it. Also, if you have an order stating that he is to pay 50% of medical bills, then that's all that should be needed.

The problem is trying to enforce the order to get him to pay up. This involves the court system. We are assuming that you have never taken him to court for contempt yet. Is this true.


i want my back pay
by: Anonymous

My ex and i divorced in 2002. i got custody of our child who was 10 at the time. he never even attempted to pay, ended up going to prison for about 5 years.the only support i have ever gotten is when he went to work and child support enforcement would garnish his check.

soon he would just quit. this has gone on several years, now my child is 18 graduating high school next month and he owes me over 20k in back child support, he has filed for ssi disability and got approved. can they intercept his back pay on ssi and can his ssi be garnished for the remainder of what he owes me?

by: Anonymous

He does have to be legally declared disabled. He can't just say he is.

I was molested for years, raped repeatedly until I had a son, and now that the truth has come out, the state won't make him pay child support. He draws $700 a month, which isn't a lot, but his rent is only $100, and he owns his own vehicle. He bragged about how his light bill and water bill combined wasn't $100. He buys lottery tickets, alcohol, an expensive cell phone, and spends his time on dating websites. His first big disability check, he bought a huge flat screen. His whole paycheck goes to video games and movies. I was essentially told by the state that of he decides to molest and rape other little girls and get them pregnant, he doesn't have to take care of any of them, either. He doesn't make enough money to. Meanwhile, I'm about to lose everything because of HIM.

When I told the truth and an EPO was served, our house burned down that same week. I know with every fiber of my being that he started the fire. I was the only one home at the time. So now while he's living the good life, my son and I are soon to be homeless because I can't afford rent. I took him out of school early on Thursday and he missed his Easter party, because the kids were supposed to bring six plastic eggs with candy. Just six. 99¢ for a big bag of eggs. I brought him home early so nobody know know his mom couldn't afford a dollar for her son's class party.

That sick, sick man will be in prison by this time next year. I hope he rots there. I sincerely hope he gets back EVERYTHING he did to me. My son does not deserve this. His "dad" is going to be away for 20-40 years. Child molesters don't last a week in prison.

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