Many parents wonder whether being disabled automatically changes their child support obligation. In Texas the answer depends on several factors, including the type of disability benefits received and whether the court modifies the existing order.
Factors affecting child support calculations
A parent’s disability can impact child support in several ways. Because certain disability benefits are legal income and might be included for child support payments. Here is how your payment could be affected:
- Income calculation: Certain disability benefits including Social Security Disability Insurance (SSDI) and, in some cases, Veterans Disability (VA) benefits may be considered while calculating child support.
- Derivative benefits: The court might credit some dependent benefits received by the child toward the parent’s child support obligation, depending on the circumstances.
Even if one parent is completely incapacitated or unable to work, the original court order would be active. Back-child support and high interest will continue to increase until a judge signs a new order. To request a modification of the support obligation, the disabled parent should immediately file a motion to modify the child support order with the court citing a “material and substantial change in circumstances.” In many cases, any modification takes effect no earlier than the date a request to modify is filed, making it important to act promptly.
Taking the right action
Dealing with a sudden disability with complex legal nuances can be overwhelming for many. If your earning capacity has changed, reaching out to an experienced divorce attorney could help you protect your rights and ensure your child support order reflects your current financial circumstances.