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?