DivorceNet®

I have been taking care of an autistic child who has just turned 21.She is Severely Disabled. We have been living off of peanuts for a long time as I cannot work full time. During that time I was briefly married for a year. We had a a child and worked out a mutual divorce with an agreement on child support amount. Lately the state has stepped in and is practically doubling my support. My Ex still is OK with the amount but is currently on state assistance. She even agrees to argue that the child support stay the same and help me with it.

I guess my question is can I expect the state to continue to try and take what pittance I have left to live on based on there scale because she is getting state assistance? She is OK with the amount I"m paying now, she is even willing to agree to it.

Or am I just wasting my breath.

You just gotta' love our economy. It looks like I might be putting my daughter in a care facility while I move in my truck.

Can they overide whats in our divorce decree if neither of us want them too?

"Can they overide whats in our divorce decree if neither of us want them too?"
Typically, no. However, when your ex went on public assistance, the rules changed. I'm not an attorney, so I don't know exactly how the rules changed, but I'm pretty sure they changed. You need to look into state law and figure out how they changed.

If your decree is not within the child support guidelines, state and federal law will override it.

typically OR will use the guideline amount when the CP is on public assistance.

however, you should see if you can sit down with your case worker and talk about a rebuttal. since your ex is sympathetic to the special needs of your situation, it would help if you are both there and can show how devastating it would be for your disabled child.

I've found that a lot of OR case workers are lazy and don't know the statutes well enough to address rebuttals, but rebuttals are there so that forcing child support payments doesn't destroy families with special needs, for instance from a parent of a disabled adult child.