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  1. #1
    Join Date
    Sep 2016
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    Default How to Modify Child Support Based on Disability

    A noncustodial parent has become disabled and has applied for SSDI, but it will likely be eight months or longer before the SSDI case is decided. The parent has no present income and cannot afford to pay child support. Is it possible for the parent to get the child support order reduced to $0 while the SSDI case progresses?

  2. #2
    Join Date
    Sep 2005
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    Default Re: How to Modify Child Support Based on Disability

    Although the court's response will vary by state, one possibility is for the court to entertain evidence on the noncustodial parent's ability to pay and then to order some amount of support pending the outcome of the disability application, while waiting for that determination before finalizing the order. The backpay and continued benefit for the dependent children of a SSDI recipient will normally take the place of a child support payment -- but the court cannot be expected to zero out the child support obligation when it could be satisfied through a backpay award. (It's also not a guaranteed the custody court will agree that the father is disabled.)

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