I am a single dad in California. I am currently out of work due to a work related injury. I receive work comp benefits. I was wondering if and when I am placed on permenant and stationary disability will I have to continue to pay child support. Can the courts make me pay a support payment on what I would have made had I continued to work in the same field of work. Won't my children get some type of benefit if I end up on SSI. Just wondering I am still paying my support payments and I have 50/50 custody.

I am a single dad in California. I am currently out of work due to a work related injury. I receive work comp benefits. I was wondering if and when I am placed on permenant and stationary disability will I have to continue to pay child support. Can the courts make me pay a support payment on what I would have made had I continued to work in the same field of work. Won't my children get some type of benefit if I end up on SSI. Just wondering I am still paying my support payments and I have 50/50 custody.

Since you are workers comp. you need to file for a temporary modification of CS. If and when you get disability it can be modified again so that it can be computed using your disability income. If you get SSI you may or may not have to pay any CS. Some states, Fl. for one, doesn't make a NCP on SSI pay support IF the SSI is thier ONLY income.
However, if you get SSDI, your children will be eligible for SS benefits also, which USUALLY (but not always) makes up for any CS ordered. Contact the Social Security Administartion for more info, or thier website.

If you unemployment or "underemployment" is NOT voluntary the court has to use your actual income, not an imputed income of what you used to, or "could" earn.

yes you will still have to pay something for support though you must be left with subsistence; notify the court of the situation immediately and seek a reduction in the support based on the injury and changed circumstances and seek an immediate determination to be retroactive to the date of injury; do this asap so you do not accumulate an arrearage

I am a the custodial parent of a child here in Ohio, and my ex is on SSI and he doesnt have to pay me a single dime of child support. He gives me 20 dollars (wowowow , get my child something nice..bull****) anyways he pays a little because you dont have to grant any visitations if they are not giving you support.

I'm going to differ a bit with some of the others here due to the 50/50 custody you have. Xena was correct that if you qualify for SSDI, the children will qualify also (however, children do not on SSI.. just so you know the difference).

You need to file for a modification and likely again if and and you are approved for SSDI. In the case of the 50/50 a judge could order half of the children's benefits go to the other parent...but also depending on income levels you may not owe support and in fact may end up the payee instead of payor. If you do remain the payor and they require you to pay, it will likely be a minimal amount based off your SSDI payments.

I am a the custodial parent of a child here in Ohio, and my ex is on SSI and he doesnt have to pay me a single dime of child support. He gives me 20 dollars (wowowow , get my child something nice..bull****) anyways he pays a little because you dont have to grant any visitations if they are not giving you support.

I don't know where you got your info from, but you were misinformed. If there is a court order granting visitation the CP has to allow visits, even if the NCP isn't paying CS.

In your case, you are very lucky that he willingly gives you anything at all. The court has ruled that his CS obligation is ZERO, so anything he gives you is good, and shouldn't be snickered at the way you do.

Xena :)

I don't know where you got your info from, but you were misinformed. If there is a court order granting visitation the CP has to allow visits, even if the NCP isn't paying CS.

In your case, you are very lucky that he willingly gives you anything at all. The court has ruled that his CS obligation is ZERO, so anything he gives you is good, and shouldn't be snickered at the way you do.

Xena :)


Some how I had missed the post you responded to. I want to totally agree with you. Visitation and support are VERY separate issues and have nothing to do with one another.

I am not asking for anything and my circumstance is such that I am still able to afford to live off what I receive on work comp benefit. I do have 50/50 custody. If I do end up on anything less I would not expect my ex to pay child support cuz I know she cannot afford it. How could she with working minimum wage. I'm sorry I was confused with the SSI or SSDI. I have never had to deal with this and no one I know either. Thanks though for the advise on modifying my CS.