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On disability and have to pay child support: how does that work?

For various reasons, many Georgia residents receive disability benefits. This is income offered through a federal benefit for individuals who are not able to work. It may not be a lot, but it is generally enough to cover one's expenses. One's benefit may fall short if a child support order is in the picture.

If one has a child support order based on income received from employment but is placed on disability, that child support order is still considered active. Going on disability does not change that. Those who stop making payments may find their disability income garnished.

If one's child support order is unaffordable, it is possible to seek a modification. The courts may lower the amount one has to pay monthly so that it works with one's disability pay. Any arears would have to be paid at their full amount, though, not at the amount set in a modified order.

The dependents of those who receive disability benefits may have the ability to receive what are known as auxiliary benefits. This is extra money for the children. This does not take the place of child support.

Child support works the same whether one receives income from an employer or in the form of disability benefits. The amount one has to pay will be determined by looking at one's income level and the needs of the children. Parents in Georgia who are placed on disability after a child support order is issued may petition the court for an order review. With the assistance of legal counsel, they can fight for custody orders that work with their disability income.

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