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Nov 29
1999
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Ask a Lawyer: Child support obligation when non-custodial parent is permanently disabledPosted by: Dads Divorce on Nov 29, 1999 Tagged in: social security , NH , Maintenance , Maintenance , disabilty , Child Support , Child Support , Ask A Lawyer , alimony
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Question:
I am in the process of starting my divorce and I have an awkward situation. The spouse had a bad accident 2 1/2 years ago. She was awarded permanent disability from the VA and Social Security. I will be having full custody of our 4 year old son. Will she be obligated to pay child support or am I on my own? A lawyer in FL had told me if he were her lawyer he would fight to not have to pay child support.
Answer:
I cannot answer your question specifically to the laws of NH as I am not licensed in that State. The accident and declaration of permanent disability will negatively affect your claim for child support. In my jurisdiction, we would still run a child support chart based upon her income (from what ever source) and most judges would require her to contribute that amount. A court would be more likely to order the support per the chart if you have a relatively modest income. Depending on other factors such as length of your marriage, your income and the amount of property divided you could be in a situation to pay maintenance. If maybe advantageous to forgo child support up front to avoid a claim of maintenance.
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