Legal Question in Family Law in Arkansas
Incompentency and Child Support
My son began having mental problems in 1994. I, the mother, went to a judge and had him placed in a hospital. The doctor said that he was bipolar and had a nervous breakdown. Since that point in time he has not been able to maintain a job for more than a few weeks. He was homeless and lived on the streets from 1995 until February 2004 at which time I agreed he could live with me. If I have him declared mentally incompentent and he starts receiving SSI benefits is he still liable for child support?
1 Answer from Attorneys
Re: Incompentency and Child Support
Federal Law says SSI money is protected from state court child support orders so he could not be ordered to pay from his SSI money. If he has other income or assets to produce income the judge could make him pay something from his non SSI assets.