If you are ordered by a court to pay child support you may wonder how that obligation is affected when you go on disability.
Does the Child Support Obligation Automatically Change When I go on Disability?
If you have already been ordered by a Texas court to pay child support, that will not change just because you are now on disability. Any obligation that you have will not decrease on its own. If you think you qualify for a reduction in child support, it is up to you to file with the family court and request a modification.
Can my Disability Payments be Garnished to Meet my Child Support Obligation?
It depends on what kind of disability payments you are getting. If your benefits are considered income, they can be garnished. This includes retirement, disability insurance (SSDI), or survivor benefits. If you are receiving SSI payments, they cannot be garnished.
So if I get Social Security Income (SSI), Does the Unpaid Child Support Go Away?
No. Unpaid child support does not go away on its own. To meet that obligation, you will need to continue making payments on it yourself. Consider filing for a modification of the court orders.
How do I Find out More About Getting Child Support Modified?
Check out the website of the Texas Attorney General, or contact a Texas family lawyer for a consultation.
What if I Just Ignore it?
If you ignore the obligation, it won’t go away. If you are in “arrears” (get behind on support), your tax refunds can be seized. You may have your Texas driver’s license revoked, or not be able to renew it. Back child support can quickly add up. For this reason, if you have had a change in circumstance you should consider modifying the prior court orders.