Modifying a Child Support Order Due to Disability
Parents owe it to their children to provide the best care possible until adulthood. Even when spouses decide to go their separate ways, they are still required to support their minor children financially through the payment of child support. However, a parent may not be able to keep up with the initial child support agreement due to disability and may need to file for modification.
“Child support modification is permitted where there has been a permanent, substantial, and involuntary change in the income of a paying parent that makes them financially incapable of meeting the child support obligation they agreed or were ordered to pay,” says family law attorney, Galit Moskowitz, of Moskowitz Law Group, LLC. You might need to file for a child support modification if you have a disability that has impacted your earnings. Filing a child support modification may require working with an experienced lawyer.
How to Get a Child Support Modification
One can get a child support modification in the following ways:
#1. Appealing to the Court
Child support is covered by state law. Therefore, a child support modification may require an appeal to the court. The court that the appeal is sent to must have jurisdiction over the case before making any decision.
Before a child support modification is granted, the judge will fix a date for a hearing. It is the responsibility of the parent that is appealing for modification to convince the court that there has been a significant reduction in their income level, making them unable to pay the initial amount. The conditions for granting a modification request, especially in the case of disability, varies among states.
It is ideal for one to work with the same lawyer that handled the original case as they are already aware of the conditions in which the initial support was agreed on. This will help to ensure that all the details are covered.
#2. Reaching an Agreement with the Other Parent
Some couples who had a messy divorce may find it challenging to maintain a cordial relationship. Therefore, the option of negotiating with the other parent may not be available to them. However, if you are on good terms with the other parent, you may be able to reach an agreement with them to pay lower child support due to your disability.
Once both parents can reach an agreement, it is ideal to have it in writing and get approval from the judge to make it binding. While one can agree with the other parent, it is not binding unless a judge approves it. It is always best to explain your condition to the other parent with proof, including a doctor’s report.
Most custodial parents may object to a modification initially because it may seem like the parent seeking a modification of child support is trying to shy away from their responsibilities. However, by showing the other parent that your disability has impacted your income significantly, they may consider accepting a lower sum of child support. The disabled parent can also find ways to support the child that may not involve money, such as staying with the children when the other parent is not around or attending school functions.
Can I pay Child Support with Social Security Benefits?
Disabled persons can qualify for either Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). For child support purposes, SSDI and SSI beneficiaries are treated differently, and the type of benefits one has may determine how easy they can get a child support modification.
Supplemental Security Income
A Supplemental Security Income is awarded to disabled people with little or no other income. An SSI beneficiary will find it much easier to get a child support modification, especially in states where the SSI is not considered income and therefore, is not included in determining the amount one should pay as child support.
A Supplemental Security Income beneficiary is paid $841 monthly, which is too small for one to take care of themselves and still pay child support effectively. Therefore the court is more likely to consider a child support modification appeal from an SSI beneficiary.
Social Security Disability Insurance
SSDI is calculated as an income source, although it is not taxable. An SSDI beneficiary may still be able to get a modification once they prove there has been a significant decrease in their income.
SSDI may qualify your child for Social Security Dependents Benefits. However, your child’s social security dependents benefits qualification depends on your earning records. You may need to apply for the benefit for your child once you get approval for SSDI.
In some states, child benefits are paid towards child support. If you are required to pay $500 as child support and your child qualifies for a $250 dependent benefit, you will be required to pay $250. Additionally, where the dependent benefit is higher than the child support, you may not be required to pay any child support.
Temporary and Permanent Modification
Child support can be modified temporarily or permanently. Where the parent applying for the modification suffers from a disability that is not permanent, the court will likely grant them a temporary modification of the support. A disabled parent can always apply for an extension of the temporary modification when necessary.
On the other hand, a parent with a permanent disability can get the court to order a permanent modification. The order for permanent modification can be made even after issuing a temporary one.
Can Child Support Payments be Completely Dismissed?
The state law regarding divorce favors the child in that parents are required to provide the necessary support for their children even when they are divorced or legally separated. Therefore, it may be almost impossible for a parent not to pay child support.
However, where the parent suffered financial hardship due to disability, they can apply to have their child support modified to make it easier to pay. Keeping the court in the loop concerning one’s financial situation is crucial as failure to pay child support can result in jail time.
Bottom Line
A disabled parent can apply for a child support modification from the courts after a significant decrease in their income. Depending on the nature of your disability, you can be granted temporary or permanent child support modification. However, it’s best to work with an experienced child support lawyer to get the best result.
