Can They Take Child Support Payments From My Disability Check in Jersey City, NJ?

Posted April 22nd, 2015 by .

Categories: Family Law.

child-support-payments-while-on-disabilityYou’ve been paying child support every month on the dot without fail. However, you get into a horrific car accident which leaves you paralyzed. Because of your injuries, you are unable to perform your job and are fired. You are living on disability payments but this doesn’t allow much for child support. Can the courts take child support payments from disability?

Being on disability does not prevent you from paying child support. However, if you are receiving Social Security benefits, you can modify the amount that you pay each month. In order to do this, you’ll have to ask for a hearing where you can tell the courts why you believe your support amount should be decreased.  Remember that you will have to prove to the court that you can’t pay child support. You may have to show your disability claim as evidence of your condition. You may also try to negotiate with your ex-spouse to see if you can agree on a smaller sum.

There are two types of Social Security disability: Supplemental Security Income (SSI) and Social Security Disability Insurance (SSDI). With SSI, it’s easier to be awarded a modification. Plus, your benefits are guaranteed not to be garnished to make child support payments. However with SSDI, your payments can be garnished.

If you need to change your child support payments, it’s advisable to speak with an experienced family lawyer to see what your options are. Contact the Law Offices of Anthony Carbone today for a free consultation.

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