Modifying Child Support While On Disability

by | Nov 24, 2015 | Lawyer

When you are living with a disability, child support payments can be difficult to make. Especially when you gain a disability after an original agreed upon amounts placed upon you, you may not be able to pay the same amount as you could in the past. In these cases, it is of utmost importance that you know your options and rights as a disabled American citizen. A talented disability attorney in NC is the best way to achieve this goal.

Informal Negotiations

Before going through legal methods, it might be a good idea to try and reason with your former spouse/other parent in an informal matter. Many people will be understanding of how a disability will limit your ability to pay support payments, and will work with you to reach an amount that will be reasonable on your new social security disability benefits income amount. If you can go this route successfully, you will need to write up an agreement, sign it, and bring it to a judge to have it approved.

Judge Ordered Modification

Sometimes negotiating with your former spouse/other parent will not be possible. In these cases, it is important that you approach the court system where you originally made your child support arrangement. Once you visit the court system with a jurisdiction over your case, you can ask for a modification hearing. Given your new disability status, you are likely to be approved for such a hearing. The judge will look over the current custody agreements, as well as both party’s earnings before making any major decisions.


Although both SSDI and SSI recipients can have child support payments modified, the process/requirements are different for each program. It is important to have a talented family law/disability attorney to help you understand the different requirements involved. Generally speaking, SSI recipients will often have so little that they may be relieved of payments altogether, while SSDI recipients tend to have more, and will simply have their payment amount adjusted in most cases.

Are you or a loved one currently suffering from the financial burden of child support payments while on disability? Allow the Clauson Law Firm, PPLC team to help you realize your options. We will work with you every step of the way to ensure you get the adjustments you need. Call or email us now to set up a free consultation. A more comfortable life as an American citizen is just around the corner.

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