Wednesday, October 9, 2013

In regards to NYS child support, does my new wife's pay check affect my support? I am disabled and not working

Q:  I have become disabled and have applied for SSDI, I am currently receiving LTD. My job has terminated my position because my MD will not allow me to return to work. I need to file a modification of support because my income is strictly disability. Also I want to put my children on my new wife's insurance plan is that ok? SSDI has informed me my daughter will receive a check once I am approved, does that effect my support?

A:  David's Answer:  You ultimately would need to prove your disability to the child support court, in a similar fashion to how you prove it to qualify for SSD. If successful, then you should qualify for a downward modification. That said, the subsidy the child receives from SSA does not effect child support.   -- David Bliven, Westchester Child Support attorney (

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