Will Child Support Change If I Become Disabled?Putnam Law Office
An unexpected disability can lead to a lot of major life changes depending on the severity. Some people can lose their job or be forced to work fewer hours to accommodate their newfound limitations. Disability benefits can offer some financial compensation when a person’s disability affects wages. However, disability benefits can only stretch so far when you are also responsible for paying child support each month. Talk to an Oklahoma Family Lawyer to see if you can make adjustments to the child support court orders.
Defining Your Disability
Before you can change a child support order, you will need the proper justification to do so. Acquiring a genuine disability that significantly interferes with your current work wages may be enough justification for the court. However, you first need to prove that you meet the requirements for the definition of a disability.
The Social Security Administration (SSA), a program that offers disability benefits, defines a disability that requires financial need as a mental or medical condition that prevents a person from working for at least 12 months. An exception to this rule is if the disability has been predicted by a medical professional to lead to an early death.
Following the requirements of the SSA to qualify for disability benefits can serve as a guide for what evidence you might need to file a motion to modify the child support orders. The SSA requires applicants to provide medical evidence of their disability. This evidence consists of an official diagnosis in addition to doctor’s notes detailing the limitations caused by your disability and how this has impaired work performance.
Also, prepare to gather information on how much money you made in the past year and how much less you will make because of your disability. In your case, this may or may mean no wages at all. Having a list of the past 5 jobs you worked can also help. Applying for disability benefits may be enough to help you financially recover, but you may also need to modify the child support order.
Changing a Child Support Order
Changing a child support order requires filing a petition to the court to lower the amount of child support you are expected to pay each month. Your case may or may not be strengthened by already having disability benefits. On the one hand, disability benefits prove the seriousness of your situation, but on the other hand, the court may find that disability benefits are enough to cover your expenses.
Talking to an experienced lawyer about these matters can help you make the right decision. A lawyer will know more about what legal options could work better for your unique situation.
Family Lawyer in Oklahoma
Figuring out what steps to take after acquiring a disability that prevents you from working can be a difficult process. Worrying about child support on top of this can be overwhelming. Consider hiring an Oklahoma family law lawyer if you have concerns about this. Contact the Putnam Law Office at (405)-849-9149 today for a consultation.