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Child support question

Posted by on Jan. 16, 2013 at 2:01 PM
  • 5 Replies

Okay, I'm going to try to make this as clear as possible without a wall of text.

My son is disabled so he gets SSI and is on medicaid. The state wants to go after his dad for more in CS to cover the medicaid. His dad is already paying more in CS than he can afford (when the CS order was established he was working more hours and had one child in his home, since then he's gained sole custody of his youngest daughter-who is disabled-and he's had his hours and pay reduced). The state has sent me a letter that I am supposed to return by the end of this week with information on how they can find him and the letter states that if I don't reply my son will lose his medicaid. I don't want to fill out the paperwork because my son is only on medicaid for a short time (he will be put on his dad's insurance as soon as his dad finishes the paperwork) and because I don't want a war with my ex (we do get along currently and I would like to keep it that way).

So, my question is, can my son really lose his medicaid if I don't fill out the papers?

by on Jan. 16, 2013 at 2:01 PM
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Replies (1-5):
victoriahearts
by on Jan. 16, 2013 at 3:52 PM

That is really a hard position, I know you don't want war with your ex about this but if you don't return the paperwork you do in fact run the risk of losing his benefits. It could take a long time before he loses his benefit because the government is so slow but eventually they will do it. The only choice you do have is to fill out the form so you don't lose your son benefits, your ex can go to court to request his child support not change or decrease due to his new financial situation ( ie he not making the same salary and he has to care of a disabled child) the judge will take that into consideration if he request a hearing. I know you want to keep the peace and you seem like a good person that has sympathy for his situation but you have to look out for yourself and your son first. 

breebree04
by on Jan. 16, 2013 at 4:06 PM

You should definately fill out the paperwork so your son doesnt lose his insurance. His dad should understand and not blame you for this. The state can make you fill out the paperwork so your ex has to go back to court but that doesnt mean his cs will go up. That is the courts decision and more than likely if he is making less money than he did when cs was originally established it will not go up. GL hope it all works out for you!

brieri
by Platinum Member on Jan. 16, 2013 at 4:11 PM

 Probably so, unless you talk to the caseworker of the situation.  Nevertheless, sometimes its best to complete the paperwork and send it back and let them talk to your ex..

sid1083
by Silver Member on Jan. 16, 2013 at 6:33 PM

I'd imagine so. BD could also apply for a modification of support though too since there's been quite a change in his own circumstances.

Mommyto2LilMen
by Tina on Jan. 16, 2013 at 10:51 PM

THat's a hard spot to be in...good luck with your decision. 

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