Do I Still Have To Pay Child Support If I Am On Disability?

The obligation to pay child support is, generally speaking, going to be affected by your work situation. If you get a sizeable pay raise, or if you change careers, your spouse may request that the court take another look at the amount of child support that you are required to pay. In the same respect, if you lose your job or if your pay is reduced, you can also argue that the court take another look at the amount of child support that you would owe. Even going on disability will affect the amount of child support that you will have to pay.

Having said that, being on disability does not eliminate, necessarily, your obligation to pay child support. However, your dependant children may very often be entitled to a benefit if you are on disability. When you apply for Social Security disability benefits, you should be sure to include information about your children, including their social security numbers and other relevant information. Once you are approved for disability and once your children’s’ disability benefits have been determined, you can then ask the court to redetermine your child support obligation. Depending on what your initial child support obligation was, and depending on the specific circumstances of your own unique situation, this could in theory make it so that you didn’t have to make child support payments any longer.

Being on disability does not reduce any back child support that you might owe. If you are in the process of applying for disability benefits, your child support obligation will not automatically stop. You should continue to make your child support payments through the entire process. If you owe child support and go on disability, you might wish to consult with an attorney as to the best way to proceed in terms of paying child support, and about how to get the court to do a redetermination of your child support obligation.

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