When it comes to child support, many things are cut and dry. For instance, parents know that they will be responsible for child support payments as a non-custodial parent and also know that they should never miss these payments. Perhaps when your child support payments first started out, everything was typical – but then a huge change came about and now your spouse wants to modify your order. The change? They have since received a disability. A disabled parent may not be able to work like they once did, and this is a very real reason for you to return to court over child support matters.
Considerations to Make
There are many considerations to make in these cases. For instance, even though a parent is disabled, sometimes there are still ways to receive child support. What if your ex-spouse is being paid compensation through disability insurance from their employer? If nothing changed about the income they receive, they could still be ordered to pay into child support because technically they still have a certain type of income coming in.
Another consideration to make is whether or not the parent’s disability is temporary or permanent. If the disability is temporary and you and your spouse are able to show this, then there will only be a temporary modification of child support until they are able to get back up on their feet. If, however, the disability is permanent, then child support could be put on hold for a longer amount of time or indefinitely. If a parent has recently become disabled and owed back support, then they may be ordered to pay this back support through their disability benefits.
Disabled parents who have been struggling to make ends meet have options when it comes to the court. No matter what, you should always seek a modification if you believe there is an issue with the amount of child support you pay based on your circumstances. We can help you with your case today. Call us for more information.