Legal Question in Civil Rights Law in Texas

Child support and SSI retirement

My ex-husband is retiring and the kids (ages 11 and 14) will start recieving SSI payments. My ex-husband has stopped paying his child support and is anticipating he won't have to continue after the SSI payments start. Should I retain a lawyer to make sure he keeps his payments up also? He never takes the kids and I have been soley responsible for them since birth. I think he should have to keep paying the court ordered payments weather the kids get the SSI or not. Please adivise. Thank you.


Asked on 1/29/04, 9:27 pm

2 Answers from Attorneys
Regina Mullen Legal Data Services, PLC

Re: Child support and SSI retirement

He may be entitled to an offset. He could motion the Court for a re-assessment of income, but if he is not paying court-ordered child support, he is still liable for what was ordered unless and until he has an order stating otherwise. So, if he's just letting it drop, then he's a fool and is going to get a nasty surprise.

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Answered on 1/30/04, 9:15 am
Roger Evans Mathis & Donheiser

Re: Child support and SSI retirement

If he is obligated by the divorce decree or court order to pay child support, the fact that there are other payments to or on behalf of the children does not change his obligation to continue to make child support payments. If he is not so obligated, you should go to court to ensure that he make those payments. The children deserve it.

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Answered on 1/30/04, 12:21 pm


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