Legal Question in Family Law in California
SSI Survivor Benefits vs Child Support
My very good friend is receiving SSI for Mental Health problems. He has been married for 18 years and is in the process of a divorce. His current wife receives 600 and the three minor children each receive 200 from SSI and My friend receives 1200. She earns 2500 a month from her job. . The divorce papers read 50/50 custody with no child support, but she is insisting that he pay additional child support because ''the kids need it''. My question is -- How or what needs to happen so he can support his kids while in his 50% custody if she is receiving all of the SSI support and also child support from him??? It is not in his best interest to remain with this woman especially since she and his brother have a two year old together and she has the brother living there also ''FOR THE SAKE OF THE KIDS''she claims. The financial situation just doesn't sound correct to me. I personally feel that she should be paying him alimony. and child support since he is the one disabled. I'm at a loss, to advise him legally. He can't afford an attorney, and won't contact one because he thinks that if an attorney get involved he will lose everything. he needs to be able to see in black and white what his responsibilities are and also what he is entitled
1 Answer from Attorneys
Re: SSI Survivor Benefits vs Child Support
He should set up an appointment with a family law attorney. A free 1/2 hour consultation would be sufficient for him to have the attorney go through the support issue. If he benefits from going to court he can chose to do so. If he does not benefit from going to court he just walks away and she never knows about the visit to the attorney. That procedure will give him the best idea of what will happen at court.
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