Child Support and Parental Disability
Should a parent or their former partner experience a physical disability, it could result in them no longer being able to pay regular child support in full or on time. In most cases, paying child support doesn’t end if a parent becomes disabled. An inability to work is going to hurt a parent’s ability to provide regular financial support. Custodial parents could suddenly find themselves in a situation where their former partner is unable to pay child support payments because of a disability. If this happens, it’s important to speak with the best child support attorney in Ontario
Disability Insurance
The parent who is disabled may have disability insurance. If this is the situation, it is a reasonable expectation they will continue making child support payments. The formula for child support is based on parental income. Should a disability cause a decrease in income, the disabled parent could seek a modification to the amount of child support they pay during the time they are disabled.
Modification
Ontario Child support lawyers can help a disabled parent struggling to pay child support get a modification. It is likely this will be granted if they can prove they have experienced a legitimate decrease in income from a disability. In this situation, the court will consider certain factors to make their determination. They will look at the nature of the parent’s disability as well as the anticipated duration of their disability and more. If a modification is approved, the child support payments will continue, but they will be less than the regular amount.
Temporary Or Permanent
A court will often order a temporary child support modification if a parent’s disability is not anticipated to be permanent. This decrease could last for a specified amount of time. It could be for weeks or months. Should the parent’s disability last longer than anticipated, a disabled parent can go back to court. Lawyers for child support in Ontario could request that the modification of child support payments remain for an extended period. They may even ask for them to last indefinitely.
Garnishing Disability Benefits
In some situations, it’s possible to garnish a parent’s disability benefits to pay back or even get current on child support. Child support lawyers for parents know it may seem drastic, but states are very serious about maintaining regular payments of child support. Any parent who is receiving disability benefits should know a court can legally access those benefits and officially garnish them. This makes it almost impossible for them to not pay part or all of their regular child support payments.
Supplemental Security Income (SSI)
This is another form of disability benefit. It is a program from the government designed to provide financial support for lower-income individuals who are disabled. A parent’s wages could be directly paid to them by SSI. This type of income is not normally able to be garnished for something like child support. Social Security Disability Insurance (SSDI) is a disability benefit that can still be garnished should a parent be guilty of non-payment of child support.
A parent will need help navigating the legal system. An experienced family law attorney in Ontario will know the best way to handle a situation for their client. Their knowledge and experience will help get the best possible result.
