A supporting parent who subsequently becomes disabled is still required to pay child support. But paying child support may become financially burdensome, and the disabled parent may request that child support payments be adjusted.

The Influence of Disability

When a person has a handicap, they may be unable to work for a short or lengthy time. As a result, they may have a fixed income for months or years and may require assistance with child support payments while the child is still small. During the individual’s impairment, they may petition the courts for hardship based on their present living situations and how the disability elements influence their life. If the courts grant the hardship, the individual may be required to make payments unless the injury or condition is permanent.

Even if an employee has an injury or sickness that renders them disabled, they will still be required to pay child support. Unless the other parent makes significantly more money, the courts will insist on continuing child support monetary aid. Sometimes an individual can heal fast from an accident or sickness and only suffer in the short term. However, handicap issues can make life more confusing and stressful. Some people can circumvent this by acquiring work under the Americans with Disabilities Act and claiming a job that can accommodate them.

Child Support and Difficulties

There are several circumstances in which one parent earns more than the other and must guarantee that child support is accessible to ensure that the children born in the marriage receive the required monetary aid for the length they can provide it. However, there are circumstances in which a person will not continue earning the same income from a job because of an illness, condition, or accident that renders them handicapped, either temporarily or permanently. Most of the time, damage to the body occurs. However, some chemicals, toxins, and work environments might influence the brain and cause internal harm.

Disability typically results in a considerably lower income for the parent than when they can work full-time. Whether permanent or temporary, this loss may create considerable hardship if the courts continue to seek the same sort of child support as previously. Without informing the courts of the difficulty caused by the impairment, the individual may still be required to pay alimony to the other parent. It is essential to contact the court to explain the situation and, if it is only temporary, petition for a hardship until income issues improve or the individual can find work that accommodates the handicap.

Other Factors With Payments

While the disabled parent will generally still owe anything or be required to return to paying once the condition is no longer an issue, there are frequently additional factors to the disability and child support. Any previous payments are not included in the hardship decrease. The individual will not be required to pay more in the future simply because the amount for the term of incapacity varies. However, this does not generally result in a lower overall payment amount. A petition to the courts is typically the only way for the parent to change that amount. Another element that might lower the other parent’s increased income and capacity to assure the household’s financial well-being.

Depending on what type of disability benefits are received, the courts may garnish them. The parent does not suffer a garnishment for Supplemental Security Income since it is for individuals who have extremely little income for the length of the disability. However, Social Security Disability Insurance income is frequently reduced to pay for child support obligations.

The Role of a Lawyer in Child Support With Disabilities

A lawyer may be required to understand how to go through disability with essential child support. This is frequently needed when they must petition the courts for hardship, cut payments for other reasons, or when the impairment interferes with regular daily functions that may harm the kid.

Contact Lamb, Carroll, Papp and Cunabaugh, P.C., Attorneys at Law today for legal help.