After you are approved for Social Security disability, you still are legally responsible for child support payments. If you are unable to make those payments, it is important that you take action now. Here are some possible actions you can take to avoid penalties for not making payments.
File for a Child Support Modification
The most obvious step for you to take is to ask the child support court for a modification to the existing order. The modification can temporarily or permanently lower how much you have to pay for child support.
Before filing a petition for a modification, talk to the custodial parent. He or she might be willing to agree to lower payments. If so, you will only need the judge to sign off on your agreed upon terms. This can greatly simplify the process.
If the other parent does not agree, you will need to file the petition with the court. You are required to show proof that you are unable to pay the amount you were ordered to. You can provide the court with the approval letter from the Social Security Administration that details how much you receive each month.
It is important to note that the state laws regarding child support and Social Security disability benefits differ. The amount of your reduction will vary according to those laws and how child support is formulated.
Garnishment of Benefits
Your benefits can be garnished to pay your child support. In the eyes of child support, your disability benefits are considered regular income and, as such, subject to garnishment.
Until you can get a modification of your payments, pay your child support. It can be difficult to stop a garnishment. Paying also helps you avoid other penalties such as jail.
Benefits for Your Child
Your child can receive benefits from Social Security since you are eligible for disability benefits. It is important that you apply for the benefits as soon as you are approved for disability payments. Each month, instead of you worrying about paying, the Social Security Administration automatically sends a check to the custodial parent.
If there is a gap between how much Social Security pays and what you owe, you are responsible for paying the gap. For instance, if your child receives $500 a month for support and Social Security only pays $250, you have to pay the remaining $500.
When you are first applying for Social Security disability, it is a good idea to talk to your attorney about your child support and how benefits can impact it. The attorney, such as from Freeman & Freeman, can help you file documents to get a modification and also advise you of any other options you have.
Share3 December 2014
While I took a few business classes in college, I left early to start my own business. I thought I had the knowledge I needed to become a great business owner and was eager to start my business. Soon, I had a new business that was actually performing pretty well in sales. Unfortunately, I hadn't taken any law courses in college, and I soon realized I made a few mistakes when starting my business that could cause me some legal trouble. Thankfully, a great business lawyer helped me correct my mistakes before I had any legal problems, but I then decided to take those business law courses. I want to help business owners and anyone else who would like to learn more about the law by starting a blog where I will share what I have learned and will continue to learn. I hope I can help you!