Unexpectedly developing a disability can significantly impair a parent’s ability to work and pay any required child support. Minnesota parents who are required to pay child support should know that a disability does not end their duty to make child support payments. However, there may be modifications made to their existing payment arrangements that take into account their disability.
Disabled parents who are required to pay child support may receive disability insurance benefits from their employer. If this is the cases, the parent should continue to make their payments. However, the parents who receive the child support should be prepared to receive less than what was received before. The disabled parent has the right to petition the court to modify the child support payments while they are disabled. This means that the child support payments will be recalculated based on the disability benefits they receive, which is usually less income they would be receiving if they were receiving their regular wages.
The expected duration of the parent’s disability is also a factor. For parents with a temporary disability, the court will typically issue a temporary adjustment in the child support, such as lowering the required amount for the duration of the parent’s disability. If the parent’s disability lasts longer than initially expected, the parent can return to court and ask that the lower payments be continued for a longer time or indefinitely. If the parent has a disability that is deemed to be medically permanent, the court will typically issue a modification to the child support that is permanent.
A family law attorney may assist clients with resolving disputes regarding a wide range of family law issues, including child support. The attorney may evaluate the factors of a client’s case and recommend certain legal strategies to obtain favorable settlement terms.