Disability and child support

That means that IF he does get on disability, he will need to file for modification of child support based on his new income from disability. Until he files for modification, he is responsible for paying the amount agreed on or in the order.

If he received disability, child support can be recalculated based on his disability income.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780


The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.

Hi, my ex husband and I have a 16 month old baby and are divorced. He was in a car accident in February and has been diagnosed with bulging discs from the accident and is receiving shots for his back. His mother and cousin went out on disability (nervous breakdown) when they were 40 years old, and I foresee my ex filing for disability soon. He pays my child $893 per month for child support. If he leaves his job and files for disability, does that mean I will no longer get child support for my son?