Failing to pay child support can result in a court order directing the non-paying parent’s employer to deduct – or garnish – the support payments directly from that parent’s earnings. When the parent’s disability payments or Social Security income are only temporary, it is typically permissible to appeal the courts for hardship due to a lack of income.
What Is Hardship?
When a parent is disabled or gets Social Security benefits as their main source of income, any extra payments may reduce the quality of life to the point of causing harm or injury. A lack of finances may impact a person’s inability to pay for medicine, monthly payments, or care for their own home. When this individual approaches the courts and provides the judge with documentation of the hardship, a temporary respite from child support payments is usually feasible. This is often significant even if the individual’s other income is not subject to garnishment.
Reduction In Payments Through Court Hearings
When a parent wishes to reduce the garnishment of child support payments or reduce the existing amount before a garnishment becomes required, they must often meet specific criteria. The judge will consider the handicap, custodial arrangements between parents, wages of parents, what expenditures are paid and by whom, and changes in the home or with the kid. The judge’s verdict may be influenced by the individual’s capacity to work, the amount of assistance required due to disability or injury, and whether or not the parent is already in financial difficulty.
Garnishment Of Income
Child support is often a mandated payment made by the non – custodial parent to the other partner following a lawful divorce. The amount will be determined by the judge based on various criteria, including the current income and employment of both parents. Generally, this parent’s disability income will be garnished to guarantee that the child receives the statutory and essential child support benefits. However, if the noncustodial parent is injured or has a health condition, they may lose their job and become disabled. While this may be inconvenient, the individual will need to petition the courts before modifications can be made.
Some Social Security income may also be garnished, depending on the type and amount received by the parent. A garnishment is not generally imposed on Supplemental Security Income recipients. However, they may still be required to notify the courts so that the kid receives the appropriate financial benefits when feasible. If they are able, the noncustodial parent may offer additional support in the interim until the normal work or income allows them to resume child support payments. Often, a person will need to contact a lawyer about these issues to understand better.
Modifications Within Court
Garnishments are commonly used when the noncustodial parent owes child support but has no other option to pay other than a garnishment of current income or earnings. The state will typically define the child support required amount that the parent must pay every week or month, although the courts can make appropriate changes with these minimums and rules. It is possible to obtain a modification through the courts by requesting the court decrease the amount to a more equitable set for payment based on current income conditions. It is possible to lower the payment through talks with the other parent or alter both parties’ circumstances.
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