Will Child Support Come Out of My Disability Payments?
Posted August 22nd, 2016 by Anthony Carbone, PC.
Categories: Family Law.
As part of your divorce agreement you are responsible of paying child support to your ex-spouse. But you suddenly become injured on the job and are unable to work. You are placed on Social Security disability. How is this going to affect your child support payments? Do you still have to send in a full payment though your income has decreased?
It’s a common concern for many people who goes on disability and has the responsibility of paying child support: How will this affect your benefits? First, you need to know that despite becoming disabled, you are still responsible for child support payments. However, if your disability payments are significantly less than what you made in the past, there are ways to modify your payments You will need to petition the court to lower the amount of support based on your new monthly income.
Can your disability payments be garnished because of child support? That depends on your payments. If you are receiving Supplemental Security Income (SSI), these payments cannot be garnished since they are made to people who have very low income. However, if you are receiving Social Security Disability Insurance (SSDI) payments, they can be garnished to fulfill your support obligations. In addition, any back pay you may be receiving can be garnished to satisfy any debts.
In addition, your child may be eligible to receive auxiliary benefits under your name if you receive disability. However, these benefits cannot be used for child support payments. It’s more as an additional pay for support, which can come in handy to your ex if your support payments are lowered because of your new financial situation.
If you are having trouble with your child support payments, we can help get the amount reduced. Contact the Law Offices of Anthony Carbone now for a free consultation.
