A Brighter Future Is Within Your Reach

A Brighter Future Is Within Your Reach

Placed on disability, a child support order still stands

On Behalf of | Aug 10, 2018 | Child Support, Firm News |

When health reasons prevent a person from working, he or she may qualify for disability benefits. The amount one receives may be somewhat limited, but it should be enough to live on. What some Massachusetts residents may struggle with is paying child support while on this limited income. They think being placed on disability means that their child support orders are invalidated, but that is simply not true.

If placed on disability, any child support order that is in place still stands. Those who wish to seek modifications to such orders may do so, but until a new order is written, the current order stands and needs to be paid in full. If child support does not get paid per the order, it is possible to garnish disability wages — unless the disability benefit falls under SSI.

Those who wish to seek support modifications can go about it in one of two ways. First, one may try to negotiate new terms with one’s ex. If that proves successful, the new terms will not be put into effect until they receive court approval. Second, one may file a modification request in court. For it to be approved, one will have to provide evidence of a change in circumstances warranting the support adjustment.

Living on a strict income when on disability can prove challenging. Not all parents in this situation have the ability to continue providing for their children in the same way they could when they were working. An experienced family law attorney can assist parents in Massachusetts — who are struggling to meet their child support obligations due to being placed on disability — fight for support terms that are affordable.