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What happens to child support if a parent is disabled

When Florida parents are separated and the noncustodial parent becomes disabled, this could affect the amount of child support that parent is able to pay. Parents are generally expected to support their children, but the disabled parent could experience a significant drop in income.

If this is the case, the disabled parent may need to go to court to apply for a modification in child support based on a change in income. If the disability is temporary, then the modification may be temporary as well. If the disability turns out to be permanent, it may be possible to get a temporary modification changed to a permanent one. Unfortunately, this means that the custodial parent must adjust to getting by with less child support.

A disabled person might have other sources of income even if they are unable to work. For example, a parent may qualify for disability benefits, and if they fall behind on child support, those benefits could be garnished. While Supplemental Security Income cannot be garnished for most types of debt, it can be garnished for child support. For this reason, it is best that a parent apply for a modification as soon as they realize they will be unable to keep up payments so they do not fall behind.

A Venice, Florida, child support attorney may be able to advise a parent who is on either side of this issue. This may be a difficult conflict to navigate because it could leave both parents struggling financially. However, parents should try to remain focused on the best interests of the child. If they have drawn up a comprehensive parenting agreement during the divorce, this might help them with coparenting during a conflict like this because it may address many of the areas that they might disagree about during a stressful time.

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Blanton Law, P.A.

Venice
1100-C S. Tamiami Trail
Venice, FL 34285

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Bradenton
ComCenter at Lakewood Ranch
9040 Town Center Parkway
Suite 204
Bradenton, FL 34203

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Phone: 941-584-4263
Toll Free: 888-610-0968
Fax: 941-493-5377