Disability’s Impact On Child Support

disability Question:

I have been a stay-at-home father for more than a year. Although I currently receive no disability benefits, I am physically unable to work. Will my wife be able to sue me for child support?

We are also in the process of selling a house and might split the money. If we do that, is she entitled to another 50% of that money if she spends her half and we then divorce?


While I am not licensed to practice law in your state, I can give some general guidance on this issue.

Assuming your state is similar to New Jersey, where I am licensed to practice, child support will be determined based on a number of factors including the legal and physical custody arrangements, both parties’ incomes or imputed incomes, medical costs for the children, etc.

Until you have a governmental agency determination of disability, the courts are not bound by your claims of inability to work and could impute you with income similar to your previous occupations.

As for the sharing of the proceeds of the marital home, it would be advisable to file a complaint for divorce as soon as possible in order to set an end date for mutual responsibility for spending, etc.

However, this needs to be weighed against the disadvantages to an immediate file as it relates to custody and child support.

The specifics of your case will be important to the final determination so it is critical that you seek the guidance of an experienced family law attorney in your area who can help you create a comprehensive plan for your divorce after presenting the pros and cons of all available options.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including New Jersey divorce lawyer Devan Theiler, contact Cordell & Cordell.

End of Content Icon

One comment on “Disability’s Impact On Child Support

    my daughter,DEAZREE died on may 21,2012 she was 13yrs.old , i divorce my ex-wife 11 years ago.i was working for the city of charlotte for 13 years after divorcing my wife she file chid support on me,i was giving her 250.00 a week, i never got behind on my child support order,however i got hurt on my job and had to file for disability,it took 3 and 1/2 years for me to be approve for my disability and i inform child support about my situation,however i am still paying back child support.what can i do?

Leave a Reply

Your email address will not be published. Required fields are marked *