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Having a physical disability and paying child support

In some cases, suddenly having a physical disability can affect how well people are able to meet their financial obligations. New Jersey parents who receive or have to pay child support may be interested to know what happens if the party who is obligated to pay experiences a physical disability.

Some disabled parents who owe child support receive disability insurance benefits, usually from their employer. It is very likely that the benefits they receive will be less than what they had been earning before, and the custodial parent should be prepared to begin receiving a lower amount of child support payments.

Physical disabilities that are temporary in nature may result in the court issuing a temporary modification of child support that will be effective while the parent is disabled. However, parents who have a permanent physical disability may request a permanent change in their child support order. In either case, the modified child support payments will be based on the disabled parents' disability benefits and any other income they may receive.

In some situations, states will garnish the disability benefits of a disabled parent in order to obtain past duechild support payments. Even as a garnishment ensures that at least part of the child support payments will be made, it can make it difficult for the disabled parents to subsist on their reduced income, especially if they are currently unable to work.Individuals who have child support questions ishould consult with a family law attorney. The attorney may advise a client of the state laws that pertain to how child support payment amounts are determined and for what the payments can be used. If a parent is seeking back child support, the attorney may petition the court to begin enforcement measures.

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