Must You Continue Paying Child Support Even After Suffering A Disability? Find Out
A parent who pays child support must make the agreed payments without fail. This includes situations where one becomes disabled. However, the law allows you to request the court to suspend child custody payments or modify the current payment plan. However, you must provide evidence to prove that you are unable to make partial or full payments. This is why it is advisable to work with a family law attorney when petitioning the court to amend a child support plan. They can help you gather the evidence you need to prove your case and then represent you in court to enable you to get the adjustment you need, as you will learn in the following discussion.
Seeking Amendments to the Child Support Payment Plan
A temporary or permanent disability can cause severe financial hardships that might make it hard to pay child support. You need to notify the court about your condition within the shortest time possible. If you don't, the court may find that you intentionally disregarded making the payments. As a result, you might get punished and ordered to pay all outstanding payments immediately. This demonstrates the importance of contacting the court and explaining your disability.
The court will require a detailed report of your disability to determine how your condition has affected your earning ability. As such, you must provide medical records showing the severity of your sickness, ailment, or disability. Your report should also include information on your expected recovery time. This will enable the judge to determine whether to pause the payments until the time you expect to resume work. If the judge makes this ruling, they might order your co-parent to provide the financial assistance your children need until you can start earning again.
The Help of an Attorney When Seeking Amendments
Legal help is generally necessary when petitioning the court to amend child custody payments after a disability. The legal practitioner will help convince the court that you need a ruling to halt the payments or pay less until your financial situation improves. They will do this by presenting information showing that you're getting less money than you used to before your disability. This will prove that you cannot make the total child support payment. Your lawyer may also show that your condition has prevented you from getting employment. In such a case, they will request a termination of the payments until you get another source of income.
Failure to pay child support can make you face serious consequences. Therefore, if you cannot make the payments because of an injury, you must notify the court immediately. A family law attorney can assist you through this process to help you to get the relief you seek in court.
Reach out to a family law firm like Knollmeyer Law Office, PA to learn more.