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  • Support Questions Minnesota

    My fiancee and I recently got placement of his four year old son through CHIPS court (MN Child protection court) due to his mother getting a DWI in June with his older half brother and sister in the car. She has been in CHIPS court since before my fiancee's son was born I think like 2002. She is clinicly diagnosed severly mentally ill and chemically dependent. She is also collecting disability due to an accident she was involved in a number of years ago and hasnt had a job since she was 18. Family court seems to going smoothly for us as a result of her past and the reason for his current placement with us since we filed for permanent physical and legal custody. My question is since she is on disability is she not liable for paying any child support? My fiancee and I have a three year old daughter together and child care expenses alone are killing us at 235.00 weekly and she has done nothing to support him since removal out of her home was found to be in his best interest. She hasnt even bought him clothing or anything. This is frustorating because when he was surrenderd to us from the state he came with no shoes that fit him and about two shirts and three pairs of pants that didnt fit him either dispite my fiancee making his monthly child support payments on time for three years and his son litteraly had nothing to show for it.

  • #2
    Originally posted by Kris23 View Post
    My fiancee and I recently got placement of his four year old son through CHIPS court (MN Child protection court) due to his mother getting a DWI in June with his older half brother and sister in the car. She has been in CHIPS court since before my fiancee's son was born I think like 2002. She is clinicly diagnosed severly mentally ill and chemically dependent. She is also collecting disability due to an accident she was involved in a number of years ago and hasnt had a job since she was 18. Family court seems to going smoothly for us as a result of her past and the reason for his current placement with us since we filed for permanent physical and legal custody. My question is since she is on disability is she not liable for paying any child support? My fiancee and I have a three year old daughter together and child care expenses alone are killing us at 235.00 weekly and she has done nothing to support him since removal out of her home was found to be in his best interest. She hasnt even bought him clothing or anything. This is frustorating because when he was surrenderd to us from the state he came with no shoes that fit him and about two shirts and three pairs of pants that didnt fit him either dispite my fiancee making his monthly child support payments on time for three years and his son litteraly had nothing to show for it.
    What type of disability payments is Mom recieving?

    If it is SSDI, she can be ordered to pay CS. In addition, if it is SSDI, your step son will also qualify for SS benefits.
    However, since it appears thast she didn't work very much before becoming disabled, she's probably recieving SSI instead of SSDI. Unfortunately, SSI is a form of welfare that cannot be used to order CS. Also, with SSI there is no SS benefit for the child.

    If she is recieving SSDI, or some type of state or private disabilty your fiance can file for a CS order.

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