Child Support and SSI Disability


#1

My son recenlty became disabled and my ex-wife is now receiving SSI Disabiliity benefits for him. My ex-wife has primary custody of him and I have visitation rights and pay child support. Can I file a motion to have my child support adjusted now that she is receiving disability benefits for my son, as I understand that is considered income to her.

Also, am I required to pay child support past the age of 18 since my son is disabled?

Thank you.


#2

You can file a motion to modify child support, but the court must make a determination of whether the disability pay is sufficient to be considered a substantial change in circumstances. If it is, the disability will be considered income, but will also be taken out of her overall support obligation.