Disability and Child Support Modification
When life circumstances change, many divorced parents consider appealing to court to modify their required
child support payments. However, the courts do not always look at the current situation in recalculating
the support necessary. If you want to change child support, you must prove that it is for the betterment
of the child, not just for yourself.
Sometimes, you cannot predict an injury or other circumstance that will keep you from paying child support.
Although it may seem cruel, courts do not always lessen your child support payments even in the case
of disability. This is because you may be receiving social security disability benefits in addition
to the somewhat less than “minimum income level” that you could be making. Sometimes, though, children
may also receive benefit checks to help cover the child support.
Other Reasons for Modification
While courts vary in their modification laws from state to state, most courts have certain regulations
in place that keep a parent from “voluntarily” lowering their income to decrease child support payments.
Thus, things like going to school, becoming voluntarily unemployed, or being underemployed may still
require you to pay the full child support amount. This is because courts “impute” or take into consideration
what your potential income is.
There are other things that may occur in a parent or child's lives that can warrant a change in the
child support plan, including:
- Increase/decrease in income
- Increased cost of living
- Increased need on behalf the child due to age, health, etc.
- Marriage of the child
- Amount of time spent with the child
Modifying child support requirements can be tricky. If you or someone you know is looking to change
their payments, you should speak to a family lawyer about proving a definite change in circumstances.
For child support modification help, contact the Denton family attorneys of Alexander & Associates today
by calling 972-420-6560.
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