Legal Question in Family Law in Massachusetts
Deletion of child support order
My daughters father claims he has Bi-Polar mental disorder and is collecting Social Security in the state of New Hampshire. I was told that I will be receiving support for my daughter thru social security but have not received a check. He was accepted 2 months ago. Now he wants to take me back to court and terminate the original child support order of $75/wk. Can he do this? Does this mean that he won't have to pay me child support ever? Thru SSDI or otherwise. He told me himself that he doesn't know how he received SSDI because he knows he doesn't have bi-polar, he must have just been acting really good that day. Those are his exact words. What can I do?
Thank you!
1 Answer from Attorneys
Re: Deletion of child support order
If in fact your ex is recieving either SSI or SSDI through a social security disability his minor dependants are entitled to benefits. As the social security process is notoriously slow, you may still recieve a benefit check for your daughter. You have the right to inquire about dependency benefits directly with the social security administration. As to support orders issued by Family Court if benefits are issued by social security to your daughter this will replace the court ordered suport However the Court should not suspend or terminate his present order until there is verification that your daughter will recieve SSI benefits.
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