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Divorce Advice for Men | Fathers Rights Divorce | Child Custody

Providing men with essential divorce advice, fathers rights divorce information and child custody articles. Dads Divorce is a community for men facing divorce or fathers rights issues and run by Cordell and Cordell. Cordell & Cordell is a family law firm with a focus on men's divorce, child custody and fathers rights divorce.
Tags >> disabilty

Child Support Laws: Paying Child Support For A Disabled Child

Jun 04, 2011

Mens divorce lawyerQuestion:

What are the child support laws when supporting a disabled child?

My husband is paying a high amount of child support for his disabled child even after the child has reached the age of emancipation and is receiving SSI disability benefits.

Is a child support modification in order or will he continue paying child support indefinitely since his child is disabled?


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Are insurance payments considered separate property or marital property?

Mar 02, 2011

Question:mens divorce lawyer

I am going through a divorce and am receiving disability payments as a retired police officer.

My wife thinks she can get half of my disability retirement benefits.

Can my disability insurance be counted as income and subject to property distribution?


Posted by: mallen | Comment (0) |

Do I pay child support for a child already receiving disability payments?

Nov 08, 2010

Question:Cordell & Cordell attorney Andrea Miller

My minor child is disabled and receives disability benefits. Will I be required to pay child support if he is already receiving support from the government?

 


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Do I legally have to disclose my military disability payments?

Jun 02, 2010

Attorney Brad CunninghamQuestion:

I am not currently receiving military disability but it is at the board awaiting final approval. When filling out the divorce papers, my spouse asked me about my disability payments from the military. Do I have to legally disclose this amount when a decision is reached as I was told that I do not have to tell anyone what it is?

 


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Ask a Lawyer: Child support obligation when non-custodial parent is permanently disabled

Nov 29, 1999

Question:

I am in the process of starting my divorce and I have an awkward situation. The spouse had a bad accident 2 1/2 years ago. She was awarded permanent disability from the VA and Social Security. I will be having full custody of our 4 year old son. Will she be obligated to pay child support or am I on my own? A lawyer in FL had told me if he were her lawyer he would fight to not have to pay child support.

Answer:

I cannot answer your question specifically to the laws of NH as I am not licensed in that State. The accident and declaration of permanent disability will negatively affect your claim for child support. In my jurisdiction, we would still run a child support chart based upon her income (from what ever source) and most judges would require her to contribute that amount. A court would be more likely to order the support per the chart if you have a relatively modest income. Depending on other factors such as length of your marriage, your income and the amount of property divided you could be in a situation to pay maintenance. If maybe advantageous to forgo child support up front to avoid a claim of maintenance.

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