How To Get a Child Support Order Modified Due To Injury

When a parent is injured and unable to work, among their top concerns are how they will be able to buy food for their kids, pay their rent or mortgage, pay for childcare, buy clothing and school supplies, and finance other essentials. If you are unable to work due to an injury and you are a noncustodial parent paying court ordered child support, you will also have legal concerns. Your legal obligation to pay child support does not stop simply because you can’t work due to an injury. You must get a modification to your child support order. If you have been seriously injured in an accident and can no longer meet your child support obligation, contact an experienced New York child support lawyer at Stephen Bilkis & Associates. With decades of experience in matters related to child support and custody, we are here to help.

Even if the other parent is understanding of your situation and inability to meet your child support obligations, if court-ordered child support is in place, you cannot effectively change a support arrangement or stop paying child support without a modification of the child support order. In New York there are specific reasons that a court will consider a petition for a modification of child support such as decrease income. The decrease in income must be at last 15%.

For example, if prior to the accident you were about to work a lot of overtime, allowing you to earn $90,000 a year, but after the accident you had to limit your hours, bringing your income down to $72,000, the court would grant your request to modify your support obligation based on the reduction in your income.

Note that as part of your petition to reduce child support payments, you will need proof of your injury and inability to work. Simply because you were injured, does not mean that you are unable to work. A physician would need to verify the nature of your injury and your inability to work.

As an experienced New York child support lawyer warns, after you recover from your injuries and are able to get back to work, you may be required to resume paying your prior child support amount. In addition, you may also be required to pay any child support arrears that accumulated due to your injuries.

If you are injured in an accident, you may be eligible to receive social security disability insurance benefits (SSDI). When it comes to child support, SSDI payments are treated like regular income. Child support payments can be garnished. However, because SSDI payments are less than your regular wages, it would be smart to contact a child support attorney in New York to help you get a child support order modified due to injury.

In addition, when determining income, New York considers more than only the income you receive from your primary job or disability income. The court will also consider investment income, your pension, and other resources you might have.

If you were injured in an accident and are no longer have the means to pay your ordered child support, you may have a lot to think about, including recovering from the accident. However, it is important that you don’t ignore your child support obligation. Missed child support payments will result in an arrearage, and penalties and interests will accumulate. The experienced child support attorneys serving New York at Stephen Bilkis & Associates can help. We have years of experience representing clients in child custody and support matters, including urgent child support modification cases. Note that if you fall behind in child support even if it’s due to an injury, the other parent can pursue enforcement actions. Call us today at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Nassau County, Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Suffolk County, and Westchester County.