How is child support affected by disability? 

If you have a child with disabilities, you know that it can be difficult to financially provide for them. Disability is one of the many reasons that divorce is so common for families, and it can cause a great deal of strain on everyone involved. 

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In addition to the financial burden, a disability can also make it hard for parents to maintain their custody and visitation rights. As a result, child support becomes an issue that can be very contentious in a divorce case. 

Can I Use My Disability Benefits to Pay Child Support?

If your ex-spouse is receiving disability benefits, such as Social Security Disability Insurance (SSDI), you may be able to use those payments to help cover child support. These benefits are a form of government compensation for people who have become disabled due to an accident or illness and cannot work. 

What Are the Guidelines for Continuing Child Support After Age 21?

New York law has traditionally been very clear that a custodial parent can only receive child support until their child turns 21, regardless of whether the child is capable of supporting themselves. However, a recent change to New York’s laws allows for child support to be paid until the child is 26 years old. This was a decision unanimously made by the New York legislature and will allow more custodial parents to pursue this important legal option for their children with disabilities. 

Does My Disability Payments Can Be Garnished?

In some cases, a court can garnish a parent’s disability payments to help fulfill their child support obligation. This happens when a person is behind on their child support and the court has reason to believe that they will be unable to continue making these payments. SSI (Supplemental Security Income) payments and SSDI (Social Security Disability Insurance) payments are the only types of disability benefits that can be garnished for this purpose. 

How Can I Get a Modification to My Child Support Obligation?

The law requires that you have a valid child support order in place. You must file a modification if your situation changes. This may be a temporary or permanent change. If you are requesting a permanent modification, the court will take into account your current circumstances and the effect that your disability has had on your income. 

What if My Disability Will Last For a Long Time?

If you are a parent who is disabled and you anticipate that your disability will continue for a long time, you should seek to have your child support modified. If you are not sure if your situation qualifies for a modification, consult with an experienced lawyer to learn about your options. 

Does My Disability Affect My Ability to Find Employment?

It is not uncommon for a person to have trouble finding work after becoming disabled. This is because employers often don’t consider a person who is in need of disability insurance as a potential employee. Fortunately, the federal government has a program that allows disabled individuals to obtain employment without risking their benefits being reduced.