Long-Term Disability's Impact on Child Support and Alimony

Because private long-term disability (LTD) insurance pays only a certain percentage—typically between 50% and 80%—of your usual earnings, you may find it difficult to meet child support and alimony obligations that were calculated based on your previous working income. You may be able to get a modification on your support and alimony payments, however, so that you don't fall in arrears.

For example, if you're the custodial parent and receiving LTD benefits, you may be able to ask the court to increase the amount of child support the non-custodial parent has to pay to you. Alimony, on the other hand, may not be able to be modified because of long-term disability, depending on the laws of your state. If you're divorced and receiving LTD insurance, it's important to know what your rights and responsibilities are to your former spouse and children.

Can Child Support Be Taken From Disability?

Potentially, yes. Private long-term disability benefits may be considered income for purposes of calculating the size of your support obligations, while public benefits such as Social Security Disability Insurance (SSDI) can be garnished if you aren't making the payments on time. Child support can't be taken from Supplemental Security Income (SSI) however, since those benefits are needs-based.

Child support payments are calculated differently in each state. For example, in Maryland, payments are determined using the "shared income" model, which means the children are entitled to the same financial support as if the parents were still married. In a "percentage of income" state, like New York or Texas, payments are calculated using a percentage of each parents' income, with the higher paid parent bearing a greater percentage of the financial responsibility—regardless of whether or not that parent has custody.

Getting a Child Support Modification by a Disabled, Non-Custodial Parent

If you're no longer able to maintain your court-ordered child support payments because you are on long-term disability, you should ask the court to modify your child support obligation. The way this is done varies from state to state, but most courts have "self-help" centers that can assist you. Here are some examples of how long-term disability might affect a non-custodial parent's child support obligation in certain states.

Getting a Child Support Modification by a Disabled, Custodial Parent

If you are the custodial parent and your income decreases because you go on long-term disability, you can ask the court to increase the non-custodial parent's financial obligation. Here are some examples of how child support modifications work in these situations.

Disability and Child Support Arrears

Regardless of how child support is calculated in your state, you cannot simply stop paying it. If you fail to pay court-ordered child support, you face driver's license suspension, wage garnishment, revocation of your passport, and even jail time. This means that if you find yourself unable to pay child support because of your disability, you must ask the court to modify your child support payments. If you fall in arrears on your child support payments, your child's other parent has a number of ways to legally enforce your obligation to your child.

Can You Receive Disability and Alimony at the Same Time?

There is no blanket prohibition on receiving long-term disability and alimony at the same time. However, the laws regarding whether or not alimony can be modified vary from state to state. Many state divorce laws prohibit modification where the agreement specifically states that the alimony is non-modifiable. This means that unless you can come to an agreement with your ex-spouse, you are unlikely to succeed in asking for a modification based on the long-term disability payments.

If your settlement agreement doesn't specifically prohibit the modification of alimony, however, you may be able to ask for a decrease (or increase) in spousal support. Courts will usually consider whether unforeseen circumstances, such as disability or job loss, would create a hardship for the party seeking the modification. But if your settlement agreement contained an "express waiver of alimony" provision, you probably won't be able to ask for alimony, regardless of the financial hardship caused by your long-term disability.

Finding an Attorney to Help With Your Child Support or Alimony Modification

Family law is complex, often contentious, and can vary significantly by state. If you aren't sure whether you're entitled to alimony or to what extent you can have your child support obligations modified, it's highly recommended that you contact an experienced family law attorney. For more information about divorce in general, check our related topics on child custody, child support, and visitation rights, as well as our comprehensive "How to Divorce" series of articles.