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If a obligor is permanently disabled and SSI is their only means of support can child support enforce against them.
Anonymous9 views3 answers
Prior to that they were on Social Services pending the outcome of the SSI case. They had documentation from their treating physicians etc. Can probation now close the case and recalculate the child support based on the self support reserve in the income guidelines. Therefore reducing the amount of arrears owned and the balance if any to be turned into a judgment.
Probation would not do it on their own and would not modify retroactively. You want to consult with an attorney because the utilization of disability benefits in support calculations was recently addressed and changed. You may find some helpful information here: www.bestafkalaw.com/articles/
Amy B. HanselDivorce / Separation LawyerBradley Beach, NJ ·
The probation department is not going to file a motion on their own accord. A litigant has to commence the case. Even if someone is permanently disabled, that does not mean that they do not have a child support obligation. Depending upon the type of Social Security benefit he is receiving, there may be a derivative benefit for the children.
…[a]s made clear in Burns, supra, and as reiterated in Crespo, supra, a parent’s receipt of means-tested benefits does not in and of itself require suspension or reduction of a child support obligation. The court must find that the parent receives means tested benefits and is unable to earn additional income, such that additional income cannot be imputed to the parent. See Crespo, supra, 395 N.J. Super. at 194-95; Burns, supra, 367 N.J. Super. at 50. A total suspension of defendant’s obligations without an ability-to-earn analysis is inappropriate.
