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.