Situations in which a parent is required to pay child support and develops a physical disability can affect the recipients who rely on the payments. Ohio should be aware of their options if they or their ex-partners are no longer able to make timely child support payments.
If the disabled parent begins to receive disability insurance benefits, typically from an employer, the parent will be expected to continue to pay child support. However, because the amount of the benefits is usually lower than his or her regular income and child support is based on the parent's income, the amount of support may be lower. The disabled parent can file for a modification to the order, and the custodial parent will have to become accustomed to receiving less child support.
Whether a parent is disabled temporarily or permanently is also a factor. Courts may issue a modification to reduce payments that will last only for the duration of a temporary disability. Parents with permanent disabilities may request a permanent modification of child support they pay. Either way, the adjusted amount will be calculated based on disability payments and any additional income the disabled parent receives.
A parent's disability insurance benefits and Supplemental Security Income are both subject to garnishment by the state to pay for child support. While this ensures that at least part of the support will be paid, the disabled parent will be faced with having to make ends meet with just the remaining income.
A family law attorney should be consulted for assistance with resolving disputes regarding child support. The attorney may request a modification of support if the client's financial situation has significantly changed. Enforcement measures may be requested for delinquent support.