Modifying Child Support Orders Due To A Disability

Some people need to be dragged to court to pay child support dues. Others do it because they are responsible adults who want to participate in the upbringing of their children. As a single parent, getting child support dues can make all the difference. 

However, when an accident or illness limits a person’s ability to earn a living, the situation can transform into the beginning of problems not only for the disabled person but also for their ex-partners and children who depend on them to make a living. Knowing what to do in such a situation can be tough, which is why getting in touch with family lawyer Shawna Woods of Atlanta Divorce Law Group is a great idea.

Child Support Modifications Are Possible

In Washington state, parents are responsible for paying child support to the ex-partner, who is responsible for raising the child until the child graduates high school, is over 18 years old, or whichever comes first. 

However, in the event of a disability that renders a person unable to earn a living, the law allows for the modification of the payments to make them affordable. Typically, child support payments don’t go away altogether, but there are ways of making them more bearable through a court order. 

Conditions for Child Support Modifications

To have the court reduce your child support payments, you must fulfill a set of conditions. One condition that can warrant a modification of your child support payments is if your disability only allows you to work part-time. 

You also have to show that you depend on Social Security to pay your bills and that you are found medically disabled by a qualified doctor. This provision does not apply to persons working part-time as a choice based on their condition because the court may rule against their favor. 

Therefore, if you have a condition that limits your ability to work full-time, it is best to see a doctor and look into the possibility of acquiring proper documentation to support your case. 

Short-term and Long-term Disability

The court will order a short-term modification if the condition causing your disability is short-term. For example, the court may order a short-term modification if you get into an accident that restrains you to a bed or wheelchair and cannot work. 

However, if you don’t get better within the time the modification is in effect, you can return to court and receive an extension of the order. If your disability is permanent, you can seek to have a permanent modification order issued by the court. 

Even with child support order modifications, it may still be possible to face difficulties paying your child support. Under such circumstances, you must keep the court updated on your status. This way, you can avoid getting into problems such as jail time for defaulting on your payments. Consequences such as jail time only occur if you ignore the court order or fail to follow its directions. If you keep the court up to date with your situation, it can work in your favor.  

Benefits Can Affect Eligibility for Modification

The benefits you receive after a disability can also affect how easy or difficult it will be to receive child support modification. If you are a low-income earner and qualify for Supplemental Security Income (SSI), it will be much easier for you to modify your payments. 

The situation may differ slightly if you qualify for Social Security Disability Insurance (SSDI) benefits. Your chances of modifying your child support payments may be slightly slim, but you could succeed if other circumstances allow it. This is where an attorney can help you. They can identify areas that could help you modify child support payments. 

Conclusion

All in all, getting yourself off the hook for child support may not be possible, irrespective of your circumstances. If you are experiencing challenges paying your child support because of a disability, consult a family lawyer for help. This way, you are up to date with the laws and can easily navigate the legal waters while dealing with the mental trauma of a recent accident.