How Disability Benefit Applications Affect Child Support Arrears

Child support obligations do not stop just because someone says they are disabled.  Even if the person has filed for disability benefits and is going through the process, child support continues.

The only way to change a support obligation is to file a Motion to Change Child Support with the Friend of the Court in the county where the support order exists. After the motion is filed, it will be scheduled for a hearing. At that hearing, the court will decide what should happen with the child support obligation. The amount could be reduced, stay the same, increased, or temporarily adjusted depending on the circumstances of the disability case.

Those who are awarded SSD will ultimately have their child support deducted from their SSD payments.  SSI beneficiaries do not receive any payments made to a child or for child support.

The key for anyone who has a child support obligation is to communicate with their Friend of the Court, right from the very beginning, about being unable to work because of medical conditions.  Friend of the Court is the governing body that makes the initial decisions regarding how much a parent is supposed to be paying in support.  Child support obligations cannot be retroactively amended; thus, if you have a change in your income, you need to file an immediate motion so that you do not get behind in support.  This is under the assumption that the Friend of the Court agreed with your motion and changed your support obligation.  Friend of the Court does not have to agree with your situation and can deny a change in your support obligation.  

Our office recommends that, if you are in this situation, you speak with a family law attorney who can better assist you and provide legal advice tailored to your specific circumstances.  Our office is providing this information solely for informational purposes, and it does not constitute legal advice nor create an attorney-client relationship with anyone reading this.  It is provided solely for information that may assist you in deciding which direction to take.  

ManleyReynolds, PLLC is a Social Security Disability law firm and does not intend for the information provided above to be accurate at the time of the review, accurate as to the current laws, nor does this firm take on family cases or any other type of litigation other than providing services to people who are seeking to obtain social security disability benefits.