My Ex Wants to Stop Paying Child Support Due to a Disability: What Can I Do?

If your ex wants to stop paying child support in Georgia due to some kind of disability, you might be concerned about your financial security. Perhaps you were depending on this money, and you might have no idea how you’re going to pay the bills without this income. Can your ex really stop paying child support in this situation? This is a conversation you might want to have with a child support lawyer in Atlanta.

A Disability Is a “Change in Circumstance” 

First, you must understand that a disability represents a “change in circumstance” that can lead to a modification of child support. In other words, your ex might be justified in reducing or halting their child support payments in this situation. In the eyes of the court, it is not fair to ask someone with a serious disability to continue paying child support.

Remember, your ex might be physically incapable of earning income. With no income, it is impossible to create child support out of thin air. As a result, you may need to consider alternative financial solutions and strategies for the future.

Your Ex Needs to Prove Their Disability Is Real

 Evidence is important in this situation. Even though your ex might claim to have suffered some kind of permanent disability, they must prove that this issue is legitimate before they can stop paying child support. If they simply stop their payments, they could face serious legal consequences. Instead, they must go through the proper legal avenues and file a petition to modify their child support.

During the subsequent hearing, your ex must present compelling evidence of their disability. They must prove that their disability not only exists, but also prevents them from earning income. Depending on the circumstances at play, the family court may take various steps. They may simply allow your ex to reduce their child support, especially if they’re still capable of working.

During this process, you might be able to call your ex’s disability into question. For example, you might be aware that your ex is going to the gym. If they claim to have a crippling spinal injury, their ability to exercise makes their disability somewhat doubtful. Your lawyer can help you gather evidence that might allow you to keep your child support rolling in.

Note that a disability isn’t the only legitimate reason to modify child support. Your ex might also try to petition for this change after losing their job.

Can an Atlanta Family Lawyer Help Me Keep My Child Support? 

If you face the danger of losing child support in Atlanta, you might want to contact an experienced family law attorney at your earliest convenience. While a disability can lead to the modification of child support, there are many steps you can take to maintain your financial security in this situation. Speak with Buckhead Family Law today to learn how you might keep your child support.

Source:

 childsupport.georgia.gov/