If someone get's workmen's comp disability can u recieve child support from that person? how do u obtain that?
my ex beat my son up he basically got away with it he got 1yr. probation and 60 hrs. community srevice. and my son is living with me because of it. we are still in court over this he said the only way he will let me have full custody is if i don't go for child support. i look at it this way he is still his son he should take full responsibility for his actoin's and even though he is pleading guilty he should still help support him also. so my question is how do i get him to pay and not get away with any more then what he already has? or do i wait till he get's married and then try and get child support? don't they consider a married couple's income combined as one? i am not sure how to do this but i don't want him to not have to help support my child.
Answers:
File for support with your child support agency. You can get support from him if he is receiving disability. It is still his responsibility to support his child.
However,even if he does get married again,his new wife's income will have nothing to do with his child support obligation. The child is not hers and is not her responsibility to support. Her income will not even be considered.
If he is found guilty of child abuse,he won't get custody anyway and will probably have to have supervised visitation. Make sure you ask for that,your child has the right to be safe.
That issue should be brought up in court.Maybe they could garnish a percentage of his WC.. You should have a lawyer they would know how to go about that!
Yes you can still get child support from someone on work comp, disability, SSI, etc. It is still income, and they are still responsible for their children. However, even if he marries a billionaire, the new spouse's income would not be taken into consideration. Not her child, not her responsibility in the eyes of the law.
If you don't have a lawyer, get one. If you cannot afford one, talk to someone in the clerk's office at the court where your case is in process and ask them to give you any information they have about free legal services in your area - which will typically be based on income.
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