Being unable to work because of a disability can severely impair a person’s ability to pay child support. However, a person’s responsibility to pay child support doesn’t typically end if he or she becomes disabled.

Custodial parents whose exes are unable to work due to a disability should determine if the disabled individuals have disability insurance. Employers may provide disability insurance benefits, which the disabled parent can use to pay child support.

However, disability payments are typically less than what the recipient would be making with his or her regular wages. If the parent who owes child support pursues a change to the original child support order, he or she may pay a lower amount of child support during the period of time in which a disability prevents him or her from working. The parent who receives the child support would have to become accustomed to the lower amount.

Another important factor to consider is whether the disability is permanent or temporary. In cases in which the disability is temporary, a temporary modification of the child support will generally be issued by the court. If the disability is classified as medically permanent, a permanent child support modification will be issued by the court.

Disabled parents responsible for paying child support should also know that their disability benefits may be garnished to collect current or delinquent child support payments. It is important to keep in mind that the state is very diligent about ensuring child support is paid even if the paying parent will find it difficult to subsist on the benefits that are left over.

A family law attorney may assist individuals with resolving disputes regarding child support enforcement. A lawyer may request modifications to existing orders to address changes in either parent’s financial circumstances.

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