Law Office of Chandra E. Miller
A Northern California Family Law Firm
Call Now To Talk To An Attorney
530-377-5022 Local
866-679-7592 Toll Free

Physically disabled parents and child support

The obligation to pay child support does not disappear when the paying parent suddenly has a physical disability. California parents who pay or receive child support payments should be aware of their options in the event they find themselves in this situation.

Some individuals who become physically disabled receive disability benefits, typically from their employer. Any child support payments that they have to pay will most likely be modified based on the amount of their benefits, which is usually less than the income they had been earning before.

A court will also take into consideration whether a parent's physical disability is temporary or permanent. In cases of temporary disabilities, the disabled parent can ask the court to modify his or her child support order for the expected duration of the disability and may return to court to request an extension of the modified order if the disability continues longer than expected. Those parents with permanent disabilities may request a permanent reduction in the amount of child support they are required to pay.

Disabled parents who receive Supplemental Security Income and are obligated to pay child support should know that it can be garnished fordelinquent child support payments. This is also true for disability benefits that are paid by an employer. While the garnishment guarantees that some portion of the child support payments will be paid, the disabled parents can have some difficulty making ends meet with the remaining income.

Parents who are facing the end of a marriage should consult with a family law attorney for assistance with resolving issues that can be particularly contentious. The attorney may negotiate to obtain divorce settlement terms that are beneficial to the client.

No Comments

Leave a comment
Comment Information

Contact Our Office

Law Office of Chandra E. Miller
1147 High Street
Auburn, CA 95603

Phone: 530-377-5022
Map & Directions

  • Avvo
  • Rated by Super Lawyers

Facing A Divorce Or Family Issue?

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy