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My children’s father recently came off of disability. how do I go about getting child support for them?
Q) My children’s father recently came off of disability and is working. I am no longer receiving child support. He is currently working, how do I go about getting child support for them? He says he will take care of it, but I can’t help but worry.
A) The court will usually order a temporary modification of child support during the disability period of your children’s father. The court may decrease the child support amount for the expected duration of the disability because his disability pay will be less than regular pay. If the disability continues longer than anticipated, the disabled parent may go back to court and request that the modification of child support payments continue for a longer period of time or even indefinitely. The court will generally order a permanent modification of child support if a parent’s disability is medically considered permanent. Once the disability is over, a request can be made to modify the child support payments as the children’s father may then be earning more with regular pay.
Your child support payments can be changed only by a court’s modification order. The modification process can increase or decrease payments. The ways you can lower child support payments will vary by circumstance. You will need to convince a court that the financial situation of one or both of the parents has changed substantially generally. To lower your payments, you will need to file a motion in court to modify your child support payments. Most courts have pre-printed “fill in the blank” motion forms You will need to file this motion in the court that issued the initial child support order.