Child Support and Disability Benefits

A household where one or sometimes both parents are disabled faces many challenges. Trying to make ends meet on a modest income is never easy. After a divorce in Montgomery County, Texas there may be a new monthly expense, child support. How does a parent receiving disability benefits afford child support? How does your child get the support it needs if one parent is unable to work and receiving disability benefits?

Many families have faced this issue before. The general rules is that if the child receives benefits as a result of the parent’s disability, then the parent should be eligible for a child support reduction. The amount of the reduction is equal to the value of benefits the children receive from the disability benefits program. If the child does not receive benefits as a result of the parent’s disability, then the disabled parent may not qualify for this reduction. In either case, your the Woodlands Divorce Attorney can explain to you the impact of disability on your divorce case.

The specific process the Conroe Divorce Court will follow if disability benefits and child support are contested issues in your Woodlands Divorce are:

  1. First, the court will determine if the parent has a disability and if the parent is required to pay child support;
  2. Second, the court will determine if the child receives benefits as a result of the parent’s disability;
  3. Next, the court will apply the child support guidelines to determine the amount of child support that would be ordered under the child support guidelines regardless of the parent’s disability; and
  4. Lastly, the court will subtract from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the parent’s disability.

Speak with a Woodlands Divorce Lawyer today if you need help figuring out the impact one parent’s disability will have on your divorce case.

About The Author

The Woodlands Divorce Resource is here to help you with your divorce, child custody, or other family law issue in Montgomery County or Harris County. Many of our visitors come from the areas of The Woodlands, Conroe, Spring, Oak Ridge North, Cut and Shoot, and other communities in the Montgomery County area or Houston and North Harris County. If you need legal assistance with your family law issue speak with a divorce lawyer in The Woodlands, TX today and protect your rights.