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Can I take him to court for child support if he only gets disability?

I have an 8 month old son with my BF and I'm pregnant again. He does not live with us. We see each other on the weekends but he doesn't really help out financially with our son. Occationally he'll buy a can of formula or a package of diapers but that's only after I BEG him to because I don't have any money.

He used to give me 200 a month (not court ordered) but he hasn't given me anything since November and I just can't do it on my own anymore.

He is on disability because he has a very mild form of Ceribal Palsy (sp). He's had jobs before so he CAN work but he refuses to right now. He said he's not going to get a job until he's out of school and that his financial aid is enough for him to live on but WHAT ABOUT OUR SON??

He says he can't afford to help out with him but I need him to. Will they make him pay? Also will it go up when our next baby is born?

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Asked by Anonymous at 11:36 PM on Feb. 17, 2010 in General Parenting

Answers (6)
  • no but you can apply for Benefits for Children

    check out the information HERE


    Answer by Anonymous at 11:41 PM on Feb. 17, 2010

  • Yes, you can. You should be able to get something for your son off his disability. My father was permanently disabled at age 22 when I was 3 mo old. I lived with my grandparents after that & they recieved a social security check for me every month till I was 18 due to my dad being disabled. Check w/ social security office.

    Answer by Anonymous at 11:42 PM on Feb. 17, 2010

  • Yes, you can and should. Even if it's private disability and not social security - if he lived with his child some of that money would be going to his care. My ex is on disability and we have a court date on the 23rd to force him to start paying, even though he's on private disability.

    Answer by missanc at 7:19 AM on Feb. 18, 2010

  • Yes, you can get child support from his disability check. My sisters children gets it for her son who turned 18 in Oct. They told my sister that the check will go into her sons name and he will get it until he graduates from high school.

    Answer by sassy43082 at 10:21 AM on Feb. 18, 2010

  • Sweetheart you need to find your inner bitch! Sit down and really think about what you are doing for your baby and what you will do for your next one! Then think about what this fella is going to contribute along the way. Guys these days have all kinds of excuses as to why they can't be a man and take care of their responsibilities! However, women do not have that luxury! When our kids need anything we automatically get it or find out how to get it!! It's our nature! You have to do what's best for your babies! So with that said take his ass to court!! If he can work and just won't let the court tell him what he has to do! They will let him know that just because he may be able to work over people in his life does not mean that he can work them over!! He helped you have those babies and by god he should share in the responsibility of raising them! Even if it is only financial! Be strong and don't back down!

    Answer by cgonzales542 at 10:20 AM on Feb. 19, 2010

  • You will get more from SSI benefits for your child than you will trying to go after child support. If He's on disability he may not be able to work at a job, especially if he has cerebral palsy, that's just asking for an accident. It may seem that he is being lazy and that he doesn't care, but he may just not be able to find a job that is willing to take a risk, plus he probably doesn't want to lose his disability. If you will call the SSI office and let them know you need to set up benefits, they will work with you and get you the information you need. It won't take as long as going to the Attorney general, and chances are you will get back pay also.

    Answer by TeenerBeener75 at 11:01 AM on Jul. 27, 2010

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