- November 15, 2023
- Posted by: legaleseblogger
- Category: Related News
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AI Legalese Decoder is a tool that can assist in situations like this by providing clarity and guidance on legal matters.
**Potential Backpay Issues: Seeking Modification of Child Support**
Hello! I have a question regarding potential backpay issues related to child support. When I, the noncustodial parent, was initially ordered to pay child support, my monthly income was in the low $2,000’s, and the custodial parent’s income was also low. Despite this, I still had to make monthly payments.
Fast forward to the present, many years later, my monthly income has increased to $5,000, including SSDI. I believe that unless the custodial parent’s income has also increased, my monthly obligation may need to double or even triple.
The question is, I did inform them of receiving SSDI, but I did not inform them of the increase in my wages. If the court decides to modify the order for an increase, will I be responsible for backpaying them from the date of my increased income, or is it the sole responsibility of the custodial parent to request an increase in the order?
Furthermore, it is important to note that SSDI can pay 50% of what I receive directly towards my child, which could potentially be considered as part of the total support. However, the custodial parent is uncooperative and has prevented me from interacting with my child for over 8 years. Due to this, I do not have any documentation about my child, such as social, school, medical, or insurance records, which makes it difficult for me to provide benefits for him.
In summary, my question is: if I now make more money than I did when the original child support order was made in North Carolina, and the court or custodial parent decides to modify the order, will I be responsible for backpaying the difference since the increase, or will it be a moving forward kind of thing?
In this situation, the AI Legalese Decoder can help by providing information and guidance on the legal options available for seeking a modification of the child support order. It can also offer advice on how to navigate the complexities of dealing with an uncooperative custodial parent and the potential impact of SSDI payments on child support. By using the decoder, you can better understand your rights and options in this matter.
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Support is only modified retroactive to when a petition was filed.
Are your kids eligible for any benefits based on your disability? For almost every SSDI case I have, the benefits paid out by SSA to custodial parent (as representative payee) negate any obligation for the noncustodial parent to make additional payments.