After divorce, you may be wondering whether your disability will affect the amount you pay or get paid for child support and alimony. Parental disability is a threat to anyone who is obligated to pay for child support or alimony. The truth is that the obligation to support doesn’t cease if you have a disability. But this may affect how you provide financial support. If you are the custodial parent, does it mean the court has to request additional support from the non-custodial parent? Will you receive spousal support? If you have such questions, it would be a good idea to get informed advice from a divorce lawyer in Chula Vista.
Child Support And Parental Disability
If you are a non-custodial parent, you may be wondering how to go about child support. Child support obligations don’t end if you get a disability or when you start receiving disability benefits. You must pay the support unless the court modifies the child support order. If it seems impossible to continue offering child support, you can request the court for a modification. You cannot wake up and decide you will not pay child support because you have a disability. You may be subjected to harsh legal consequences such as:
- Having your driving license suspended.
- Jail term
- Fines
- Wage garnishment that may even include your workers’ compensation or disability benefits.
Whether your disability benefits may be garnished will depend on the type of disability benefits you are receiving. For instance, if you are receiving Supplemental Security disability payments, you cannot perform any work, and thus you may not have any other income. As such, your benefits may not be garnished. However, if you have Social Security disability benefits, you may have your income garnished to pay for arrears or ongoing child support payments.
If you have child support arrears, the amount will not be adjusted because you have a disability regardless of any modifications. On the other hand, if you are a custodial parent with a disability, you may request the court to have the non-custodial parent’s financial obligation increased towards child payment.
Disability And Spousal Support Payments
Disability and alimony are issues that can better be discussed by both ex-spouses. This is the only way you can ensure a successful modification in court based on your disability. In any case, you can request your ex-spouse to have the alimony payment changed. If the court deems it fit to change, they will do so based on factors such as having lost your job, not working on any gainful employment, the type of disability, among others. The change can be made, taking no consideration to the prior support obligations.
If you are receiving Social security disability benefits, this may not affect your alimony. But if it’s Supplemental Security benefits, you may have your alimony benefits reduced. This is if it exceeds the amount you receive as your alimony payment. But since such laws differ from state to state, it would be a good idea to first speak with a family lawyer who understands how your disability may affect the alimony paid or received.