Question:
I pay child support for my son who is now receiving benefits from the state because of my permanent disability. He was awarded more in benefits than what my monthly child support payments are.
Can my son’s benefits he is receiving because of my disability be allocated on my behalf as my monthly obligation for child support?
Answer:
I am only licensed to practice in Colorado so I cannot provide you with legal advice on divorce, but I can provide you with some general divorce help for men regarding your child support question.
If the mother of your son is receiving the benefits from the state on behalf of your child, it would appear that an adjustment to her income would be warranted. Thus, a modification of child support may be needed to show that the benefit is being received, thus decreasing the child’s need for support and that your income has potentially decreased.
Where I practice, generally you can modify child support where there is a showing of changed circumstances that are substantial and continuing. It appears here, that this is the case.
How Much Should You Be Paying?
Also, such a change should result in at least a 10% change in the amount of child support due per month. Based upon the information here, it appears you may need to modify your child support order, which could either decrease or eliminate the child support payment.
Again, I am unable to provide you with legal advice on divorce and this should not be construed as an attorney-client relationship. Consult with a mens divorce attorney for financial advice on divorce and any further child support laws questions.
To schedule an appointment with a Cordell & Cordell mens divorce lawyer, including Boulder Divorce Lawyer Maile Kobayashi, please contact Cordell & Cordell.
