Can my ex get out paying child support while going through the disability process
Child support is a very tricky situation. For those who are dealing with the process, you probably think it’s fairly straight forward. The courts says the non-custodial parent owes child support and therefore they should pay. Unfortunately, it gets a little complicated when the non-custodial parent is not working and is going through the disability process. This situation takes on a whole new life.
So the big question is “Can your ex get out of paying child support while they are going through the disability process?”
Unfortunately, as an attorney, I will always says “It depends”. Here are a few things you should consider:
1) Child support is based on STATE law. So it’s important to know how the states view someone who applying for disability.
2) Typically the state COURTS modify child support obligation. I think some people worry SSA will modify child support obligation because they are applying. Unfortunately, that’s not how it works. The responsibility typically falls on the state court that issued the child support order.
3) The Courts don’t always know if the person is applying for disability. SSA doesn’t tell the state court that someone is applying for disability. So, unless the non custodial parent brings this information to the attention of the court, there is no way for them to know.
4) Child support is a state FAMILY LAW question not a federal DISABILITY LAW question. I get a lot of questions from people wanting to know if the non-custodial parent can get out of paying child support because they are applying for disability. I feel bad telling them that this is a family law question because in essence, it is.
Family law is tough and child support is even tougher when you’re dealing with someone who you believe is not fulfilling their obligation. Just understand that this is a state law issue. Not a federal disability law issue.