Disabled after Divorce – Do Disabled Spouses Still Have to Pay Child support?

Income and Disability

A person may be eligible for disability benefits through Social Security or work if he or she is disabled due to injury or sickness. It depends on the circumstances and whether the person was employed by a company that offers workers’ compensation. Individuals could receive up to two-thirds or more of their weekly income when they are receiving benefits from work. Although this can cause discomfort, it does not necessarily mean that the individual’s living situation is going to be drastically altered. The individual might receive less if they are eligible for Social Security Disability. This could be a problem if the parent is obligated to child support.

What is Hardship?

A person with a disability may have difficulty paying all or some of his or her bills if he or she is unable to pay the necessary payments. Due to the additional amount of child support payments, it could result in a difficult situation. The hardship could cause a decrease in the quality of the parent’s life. Child support, which is added to other factors, could negatively impact any children who visit the home of the parent with disabilities. This would result in fewer visits by the parent and lower wages for those who are responsible for the visitation arrangements.

Petition to the Courts

If a parent is unable to pay child support, they must petition the courts. The petition must be filed before child support payments are stopped. Otherwise, the parent could face contempt of court or other penalties. The judge can help the person explain the situation to him or her.

In Recovery for a Disabled Spouse

If the person is in recovery from an injury or illness, it could stop child support payments if there is a shortage of income or money coming into the household. A parent or spouse might need to explain the situation to the other parent or hire a divorce lawyer surrey free consultation to present the matter before a family court judge. The disabled person may be waiting for a settlement in a personal injury case. This could prevent the child from receiving payments. It is possible to alter an agreement between parents without court interference.

The Court Order for Child Support

Whatever the circumstances, it is a requirement that the parent pays child support even if he or she does not have custody. This ensures that the youth receives care and assistance, as well as money for the custodial parent to purchase the items they will need. School supplies are one example, but housing and food are two other items. All factors will be determined by the court order when the parents go through divorce proceedings. These elements usually include an evaluation of financial and employment issues.

A judge may rule in favor of a specific amount. This could mean that the noncustodial parent must provide child support until the total has been reached or once the youth turns eighteen. This time extension may be extended for some children, such as an adult with mental impairments. You can petition the courts to modify the child support order to help you if your circumstances change. A lawyer will be required to properly present the case and assist in defending the parent’s position.

The lawyer in Disability and Child Support

A lawyer is needed to assist the disabled person in court when they need to reduce or suspend their child support payments. A lawyer may be needed to collect evidence and explain the hardships or inability to pay for benefits or a settlement.


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About the Author: Debra Scott