Margaret Gettle Washburn, P.C.
(770) 676-1191
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Paying child support when a parent becomes disabled

Georgia parents often rely on child support to help them pay for their child's every day expenses, medical care and school fees. However, the payments could potentially be impacted if the noncustodial parent suddenly becomes disabled. In this case, there are a couple factors that may determine whether or not the child support order will change.

Even if parents become disabled, they still have an obligation to pay child support. Before they can reduce the amount of child support they are paying or stop it all together, they must request a modification of the child support order from the court. The court will determine whether the disability is temporary or permanent. If it is temporary, the child support order may only be modified for a short period of time while the parent recovers. If the disability is permanent, the change to the child support order may also be permanent.

In some cases, a disabled parent may receive disability insurance benefits. If so, the parent should be able to continue to pay at least some of the child support that is owed. If they refuse to pay, the benefits can be garnished by the court.

Even if a disabled parent does receive disability insurance benefits, it is likely that it will be less than what the parent was originally making. If the disability causes the parent's financial situation to change, a family law attorney may help request a modification to the child support order. If the order was modified after the parent became temporarily disabled but the parent ends up being out of work longer than anticipated, the attorney may go back to court to request that the temporary modification to the child support order be extended until the parent can go back to work full time.

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Margaret Gettle Washburn, P.C.
4799 Sugarloaf Pkwy
Building J
Lawrenceville, GA 30044

Phone: 770-676-1191
Fax: 770-963-2828
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