Child support modification may take place after a disability

Child support modification may take place after a disability

On Behalf of | Jul 18, 2018 | Firm News |

Having a child was one of the highlights of your life, and after going through divorce, you were likely overjoyed to have the custody outcomes ruled in your favor. Of course, you understand that raising a child can have numerous costs, and you rely on child support from the other parent in order to provide for your child as best as possible.

Recently, you may have learned that your ex suffered an injury that has left him or her with a disability. As a result, the other parent may face an income change due to having to take time off from work either temporarily or permanently. While you certainly feel some sense of empathy for your ex’s situation, you likely also have concerns about how this change may impact the child support you receive.

Payments are not void

Though the other parent has faced a substantial financial change, the situation does not mean that he or she can simply stop making support payments. Your ex must adhere to the obligation as dictated in your child support order unless he or she seeks a modification to the order through a court proceeding. If a modification request proves successful, you will have to contend with the new terms.

Duration of changes

Child support modifications can come about if the requesting parent can show a significant change in circumstances. In cases of a disabling event that leads to a substantial change in income, the court may approve a request. The specific terms of the new order will depend on your circumstances. Additionally, the modification may not be a permanent change.

If medical professionals believe that the disability will only last temporarily, the court may allow the modification to last for the projected length that the disability will last. In the event that the disability lasts longer than expected, the other parent may return to court for an extension of the modification. If the disability is considered permanent, the modification may also go in place permanently. As a result, you may have to contend with receiving less support than you previously did.

Your options

Though the other parent has faced a change in circumstances, you still need to have the ability to provide for your child. If your ex plans to seek a child support modification, you may wish to speak with an attorney about your options in this type of situation.