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  1. #1
    jeanine is offline Member
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    Feb 2001
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    How does disability affect child support payments?

    What is the name of your state? New York

    My husband pays child support for a child from a previous marriage. The amount was agreed to in the stipulation of settlement which was incorporated into the divorce decree.

    He has been out of work since May due to an accident at home. He has had two surgeries and we're not sure when he might return to work. We have faithfully paid child support every week since May.

    My question is: should he not be allowed back to work due to his "disability," and goes out on full disability - is he still liable for child support? I read somewhere that this is what the law calls an unforeseen change in circumstance and that would mean the judgement of divorce could be adjusted to reflect this change.

    His "income" from disability will change drastically so would they lower it or nullify his responsibility alltogether? We've been told that child support can not be deducted from disability payments. Valid or no?
  2. #2
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by jeanine
    What is the name of your state? New York

    My husband pays child support for a child from a previous marriage. The amount was agreed to in the stipulation of settlement which was incorporated into the divorce decree.

    He has been out of work since May due to an accident at home. He has had two surgeries and we're not sure when he might return to work. We have faithfully paid child support every week since May.

    My question is: should he not be allowed back to work due to his "disability," and goes out on full disability - is he still liable for child support? I read somewhere that this is what the law calls an unforeseen change in circumstance and that would mean the judgement of divorce could be adjusted to reflect this change.

    His "income" from disability will change drastically so would they lower it or nullify his responsibility alltogether? We've been told that child support can not be deducted from disability payments. Valid or no?
    NOTHING will lower or nullify his responsibility to pay CS. However, he can and should file to modify the CS based on changed circumstances.

    Yes, CS can be garnished from: private disability insurance benefits and SSDI.

    No, CS cannot be garnished from SSI.
  3. #3
    jeanine is offline Member
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    Thanks for the info...His income is essentially cut in half. Wish we had filed back in May but our atty said by the time the case was heard he'd be back to work. that's what we thought. He goes to doc on Friday so I'm wondering if we'll have any idea this time when he'll be back to work and if we should modify.

    Will they temporarily modify in NY? He has no qualms about paying CS - as long as it was based on his former salary.
  4. #4
    Gracie3787 is offline Senior Member
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    Quote Originally Posted by jeanine
    Thanks for the info...His income is essentially cut in half. Wish we had filed back in May but our atty said by the time the case was heard he'd be back to work. that's what we thought. He goes to doc on Friday so I'm wondering if we'll have any idea this time when he'll be back to work and if we should modify.

    Will they temporarily modify in NY? He has no qualms about paying CS - as long as it was based on his former salary.
    Most courts will give temporary modifications if the evidence supports doing so. In order to do that, he'll need alot of medical records and documentation to prove that he cannot earn the same amount as before the injury or illness.
  5. #5
    betterthanher Guest
    Quote Originally Posted by jeanine
    Thanks for the info...His income is essentially cut in half. Wish we had filed back in May but our atty said by the time the case was heard he'd be back to work. that's what we thought. He goes to doc on Friday so I'm wondering if we'll have any idea this time when he'll be back to work and if we should modify.

    Will they temporarily modify in NY? He has no qualms about paying CS - as long as it was based on his former salary.
    He should file for a modification ASAP.

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