In California, parents are required to pay child support until the child turns 18 and legally becomes an adult. While parents can implement agreements that extend the duration of child support payments, there are virtually no options when it comes to terminating benefits early, and for good reason. This ensures that the child has all of his or her financial, medical, educational, and housing needs covered at all times.
What about in cases where the paying parent is no longer able to work due to an injury or disability? This is a question we’ve heard before, so we decided to examine this issue a little more closely in this post. As always, we want to remind you that the information contained here is general in nature. For robust legal advice, remember that we at the Law Office of James P. White are just a phone call away.
Disability Benefits and Child Support in California
When an individual becomes disabled and is unable to work, either temporarily or permanently, he/she is often entitled to disability benefits. This is usually provided by the person’s employer, and disability benefits are usually disbursed on a regular schedule (not unlike a regular paycheck). However, this amount is generally a significantly lower figure than the person might otherwise earn at the job.
Parents who are on disability are still expected to keep up with their child support payments, although the court will usually take the individual’s disability and lowered income into account. Upon parents’ request, the court can re-examine the situation and calculate a new figure based on any new circumstances, which includes disability, lower income, and even higher income due to a new promotion, etc.
When it comes to the child support payments made by disabled or incapacitated parents, this can be a tough situation for all involved parties. It can be difficult for a parent to get by on the lower disability benefits income, so even though the updated child support payment amount is lower, this can still make it difficult for them to get by on their limited income. On the other parent’s side, he/she will have to adjust to a lower child support payment, which means that they often have to find ways to make up the loss of income.
Want to Learn More?
If you’d like more information on this topic, or on any matter relating to family law in California, don’t hesitate to get in touch with the seasoned family law attorneys at the Law Office of James P. White. Call us at 925-271-0999 to schedule a free initial consultation at your earliest convenience.