When speaking to your Augusta disability attorneys about your case, it is not uncommon to ask questions about child support payments. As a recipient of disability payments, you may wonder if you are still required to pay child support, if these benefits can be garnished for payment, or if you will still have to pay the same monthly amount now that you are not receiving a paycheck. In an effort to help our clients, we have compiled a list of the most common questions and answers concerning this topic.
Now That I Am On Disability, Will I Still Have To Pay Child Support?
If you are obligated by the Court to pay child support, you must continue to do so even if you begin to receive disability payments. Being approved to receive Social Security disability payments does not alleviate your responsibility to pay child support.
My Disability Income Is Less Than I Used To Make, How Can I Afford Child Support Payments?
If your disability payments are significantly less than your prior income, this can cause you financial hardship, but you are still required to make child support payments. In this type of event, you can petition the court to have your child support payments adjusted based on your new income level.
Will the Amount I Owe In Back Child Support Be Adjusted Based on My New Income Level?
Any amount of back child support that you owe will remain intact. Only future payments can be adjusted by the court. Back child support payments will remain in effect until they are paid off.
Can My Disability Income Be Garnished?
There are several factors that must be considered before garnishments can take place. First, it must be determined what type of payments you are receiving. If you are receiving Supplemental Security Income (SSI) disability payments they cannot be garnished for child support. SSI is reserved for those who have very low incomes. However, if you are receiving Social Security Disability Income (SSDI), your payments can be garnished each month to fulfil child support obligations.
Can My Back Disability Payment Be Garnished for Back Child Support?
If you have past due child support obligations and are entitled to receive a lump-sum payment for back disability payments, a portion of your lump-sum may be garnished to pay your back child support obligations. Any garnishment against the lump-sum, however, cannot take the entire payment that you are about to receive.
Does My Allowance Benefits Replace My Child Support Payment?
When you receive disability payments, your child may qualify for auxiliary payments under your name. These benefits, or family allowance, do not take the place of your child support obligations, nor do they supplement the amount you must pay each month. Any monies that your child or children receive from your disability are separate from child support obligations.
Call Augusta Disability Attorneys Today About Your Case
Wilkinson and Magruder, LLP are dedicated to helping those who have become disabled and need to apply for disability income. If you have become disabled, you may contact their office at 706.737.0771 for a free case evaluation. You may be entitled to receive disability benefits, contact Augusta disability attorneys today for a free consultation.