Custodial parents in Texas who receive child support payments may see changes in the amounts if the paying party develops a physical disability. It is necessary for both parties to know what steps they should take if this occurs.

If a disabled parent is receiving disability insurance benefits,  he or she will probably be required to still make child support payments. However, since child support is calculated using parental income, the amount that is paid based on disability payments will probably be less. This is because the disability insurance payments, which may be provided by the disabled person’s employer, are generally less than what the regular pay would be. A disabled parent may request a modification of their child support obligation due to a material and substantial change in circumstances such as a disability.

Another issue to address is whether the disability is temporary or more permanent in nature. In cases in which the disability is temporary or short-term, the family court may make temporary orders that include a reduced child support obligation on a temporary basis. If the disability lasts longer than expected, the disabled parent can go back to court to request that the modified amount remain in place for so long as the disability remains an issue – possibly until a final order can be entered with the court.

If a person’s disability is more permanent or long-term in nature, a modification of child support may be ordered on a more permanent basis – possibly until such time that the paying parent is no longer obligated to pay child support. The modified child support payments will be calculated using the amounts of disability payments in addition to other income that the disabled parent receives. This could result in a significant reduction in the paying party’s child support obligation.

An attorney who is familiar with child support enforcement can advise clients about their legal options if a person’s disability impacts the amount of child support that can be paid. A lawyer may also request modifications of child support if the financial circumstances of the paying parent change for reasons other than a disability.