Disability And Child Support

Question: I am out of work due to disability and have fallen behind in child support. Can I get my support reduced until I can get back on my feet? I'm in New Jersey where the judge said if I lost my leg I can still work and he gave my ex wife my 401K and said I must come up with 1,700 by the end of the month or go to jail.

My salary has been garnished so I am now paying 1,000 per month. I have one child and take care of her every other weekend, also when the ex wife wants to drop her off and go away, my daughter stays with me.

Answer: I am not licensed in New Jersey. Laws concerning support vary from state to state. Also, consult an attorney in your state.

I am a bit confused. Initially it appears you are disabled and unable to work. However, you later state that your wages are being garnished. I will assume that your question is therefore hypothetical.

Disability may be grounds to modify or reduce your support obligation. This will depend on whether the disability prevents you from working. As you know many disabled people lead very productive lives. Assuming there is evidence that you can no longer work and qualify for Social Security Disability, your support will likely be reduced accordingly. Your child may qualify for a portion of your disabilty. Keep in mind your support obligation will not cease under these circumstances and any support already due will still be owed. SSD can be garnished to pay support just as your current wages.

If you are disabled, I encourage you to speak with an attorney in your state regaridng your support options.

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