Is a father who is on disabilty exempt from paying child support? 14 Answers as of March 29, 2013

The father aged 29 has Scoliosis and is on disability. The mother age 20 has 2 children from this man. The first one when she was 15 the second just before she turned 18. Does the fact that he is on disabilty exempt him from paying child support?

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Carey and Leisure | John Smitten
No, he has to pay. If he is on SSD there should be monies available for the child.
Answer Applies to: Florida
Replied: 3/29/2013
Darrell B. Reynolds, P.C. | Darrell B. Reynolds
He is still required to pay child support.
Answer Applies to: Georgia
Replied: 3/28/2013
Woods, May & Matlock, PC
Woods, May & Matlock, PC | Robert J. Matlock
The court will usually base child support on the income of the paying party, that usually includes disability payments. I suggest you hire a lawyer.
Answer Applies to: Texas
Replied: 3/28/2013
The Law Firm of Jessica M. Cotter, P.L.L.C. | Jessica M. Cotter
Not necessarily, because each set of facts in a child support matter may be different. No blanket statement can be made without all of the facts and information. The father should speak with an experienced Family Law attorney to discuss all of the factors involved in such a case.
Answer Applies to: Arizona
Replied: 3/28/2013
Fran Brochstein
Fran Brochstein | Fran Brochstein
No. In the State of Texas, parents are expected to support their children. The children might be entitled to receive part of his disability payments. Child support survives his death but it needs to be established while he is alive and the children are minors.
Answer Applies to: Texas
Replied: 3/28/2013
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    The child should get some benefits from social security because he is on disability. He needs to tell Social Security that he has a child who is entitled to benefits.
    Answer Applies to: Nevada
    Replied: 3/28/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    No.
    Answer Applies to: Idaho
    Replied: 3/28/2013
    Reza Athari & Associates, PLLC | Seth L. Reszko
    Child support is based on income. The disability income is exempted from the calculation of child support. However, if the father has another source of income, the other source of income may be used in the calculation of child support.
    Answer Applies to: Nevada
    Replied: 3/28/2013
    Law Offices of John S. Keating
    Law Offices of John S. Keating | John S. Keating
    There is no "exemption" from the payment of child support just because the father is on disability. Unless/until the judgment or order that provides for the payment of child support has been modified by the court, he must continue to pay the amount specified in that judgment or order, even if he is on disability. If he is on disability, then this may constitute a "material change in circumstances" which would entitle him to a modification of child support, but even if that is the case, it would result in a reduction, not a complete elimination, of his child support obligation. But again, unless/until he petitions the court for a modification of child support, he must continue to pay whatever amount he was previously ordered to pay. Any reduction of child support, if granted by the court, would only take effect upon his filing of a complaint for modification. Assuming that there is a judgment or court order currently in effect, and that the father is not paying the required amount, then the mother may wish to file a complaint for contempt, seeking the amount of unpaid child support (and any attorney's fees she incurs in connection with her complaint for contempt).
    Answer Applies to: Massachusetts
    Replied: 3/28/2013
    Kingloff & Travis | William K Travis
    He is not exempt from paying child support. Remember that the children are entitled to support from both of their parents. The fact that he is drawing disability payments may be a factor, and may actually entitle the children to payments as well from wherever the father is drawing payments.
    Answer Applies to: Georgia
    Replied: 3/28/2013
    Simpson Law Office, PLLC | Alexander J. Simpson, III
    No it does not. There are two types of disability benefits paid by Social Security, SSD and SSI. If the father is receiving SSD, then there may be a benefit available to the child as well, based on the father's earnings record. That benefit would be paid by Social Security, and does not reduce the father's benefits. If the father is receiving SSI, then there is no benefit available to the child, but the father may still be ordered to pay child support based upon his income.
    Answer Applies to: Mississippi
    Replied: 3/28/2013
    John Russo | John Russo
    Yes and No, if he is receiving disability payments then he is also receiving a dependency benefit within that check for the children, that belongs to the children and not him and it should be given to the mother under the law, now if he disclosed that he was not living with the mother and the children, then the dependency benefit should be going directly to her for the children, if it is not then he only has two (2) options, contact the benefit payor and tell them the funds should be going to her, or send the dependency benefit to her directly each month himself, if not the court will order him to at some point.
    Answer Applies to: Rhode Island
    Replied: 3/28/2013
    The Davies Law Firm, P.A.
    The Davies Law Firm, P.A. | Robert F. Davies, Esq.
    No.
    Answer Applies to: New Jersey
    Replied: 3/28/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    I would have to look at the details, if he is on social security disability the children are usually given a stipend or benefit directly which substitutes for a child support obligation. Otherwise, his obligation is going to be based upon what benefits he receives. The fact that one is receiving disability does not automatically relieve the party of their obligations towards their children.
    Answer Applies to: Michigan
    Replied: 3/28/2013
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