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 (www.blivenlaw.net)
David Bliven is a former Family Court prosecutor who handles the full range of Divorce and Family Law cases, including child support and paternity matters. He practices primarily in Westchester (White Plains and vicinity) and the Bronx (Riverdale and vicinity). His website can be found at www.blivenlaw.net.
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