Written by attorney Jeffery Michael Haupt

Applying for Disability and Paying Child Support?

Applying for Social Security Disability can be stressful and take months to years to determine whether you qualify. If you have a child support order in place this stress only becomes intensified as you are not able to work and make these court ordered payments.

Don't just let this situation compound. Take care of it by talking to an attorney about modifying your child support. This is important for two reasons. First, Indiana law in terms of dealing with lump sum disability payments to the child and how that impacts child support has become pretty clear. Essentially, for this lump sum payment to be considered, you should have to have a modification on file with the Court. If you get the lump sum payment, and the child receives a lump sum payment, but there is no modification, you may run the risk of not getting the child's lump sum payment count towards your child support arrearage.

Second, usually the Court that would hear the modification request would also be the same Court that would hear any action about non-payment of child support. With the modification on file, the Court will be aware of your situation as to why you are not working. The Court may also consider a temporary modification of your current order. This could be helpful as your child support arrearage will not increase as quickly and if your disability application is denied and you are never able to get benefits, then at least you are not looking at an arrearage that is as substantial as it could be.

Again, don't wait if you are faced with this situation. Contact an attorney today to see what may be able to be done in your specific case.

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