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Child support and disabled parents

Texas noncustodial parents who unexpectedly develop physical disabilities may experience difficulty with their child support obligations. However, the disabled parent's duty to pay child support does not disappear. Parents who are owed child support by an ex who has a physical disability should be aware of their options.

Custodial parents who are faced with this situation should find out if the disabled parent has disability insurance. Disability insurance benefits, which may be paid by the parent's employer, may be enough for child support payments to continue. If the amount of benefits is less than the income the disabled parent was earning before, he or she may request a modification of the child support order. This may mean that the receiving parent may have to get used to receiving less child support.

Determining whether the parent's disability is temporary or permanent is also important. A temporary modification of the child support may be approved by the court if the disability is temporary, and the court will typically issue a permanent modification of child support in cases in which the disability is permanent.

In some situations, disability benefits can be levied to collect on current of delinquent child support payments. Wages that are paid directly by Supplemental Security Income can also be garnished for back child support. While the garnishments ensures that at least some of the child support is being paid, it may be difficult for the remaining parent to make ends meet with the remaining paycheck, particularly if he or she is temporarily out of work.

A family law attorney may assist clients with resolving their child support payment disputes. The attorney may request that the court initiate enforcement measures for delinquent support. A modification in child support may be requested if the financial circumstances of a client have significantly changed.

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