Can I Modify Child Support Based On Short Term Disability?

St. Louis divorce lawyerQuestion:

My divorce question is about modifying child support while temporarily out of work.

I was recently diagnosed with depression from my divorce and was placed on short term disability leave with a huge cut in my salary.

Can I reduce my child support payments until I am working full-time again? If I file for a modification, will it just be increased again once I’m back working?

Answer:

I am unable to give you legal advice on divorce. I can give general divorce help for men, though, my knowledge is based on Missouri child support laws where I am licensed to practice.

In order to modify a previous child support order, you must show there has been a substantial and continuing change since the original order. Here, although your disability may be a substantial change since the original order, since it is only short-term disability it would likely be difficult to show it is a continuing change.

How Much Should You Be Paying?

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Additionally, if you are granted a child support modification, if you later become employed at a higher wage your ex-spouse can also seek a modification based on the same standard stated above.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult with a divorce lawyer in your jurisdiction.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including St. Louis Divorce Lawyer Brittany Brown, contact Cordell & Cordell.

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2 comments on “Can I Modify Child Support Based On Short Term Disability?

    My ex husband has a child support withholding order for his paycheck. He is now on short term disability. Is his employer still obligated to deduct his child support or does my ex husband have to pay it to the Illinois Child Support Dis. Center himself?

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