In your divorce case, the New Jersey family court may have ordered you to pay monthly domestic support payments (i.e., spousal and child support) to your former spouse and minor children. However, since then you may have incurred or been diagnosed with a serious physical, mental, or emotional disability. This disability may now make you eligible for the Social Security Administration’s (SSA) Social Security Disability Insurance (SSDI) benefits program. As an SSDI benefits recipient, you may assume your domestic support obligation will cease. However, you may be wildly mistaken in speculating such a thing. That said, please continue reading to learn whether you have to persist in paying for domestic support even if you are on an SSDI benefits program and how an experienced New Jersey SSDI benefits lawyer at The Law Offices of Sheryl Gandel Mazur can help you stay out of trouble with the court.
Do I have to pay for domestic support if I receive SSDI benefits?
Simply put, your domestic support obligation does not automatically shift or end once you begin to receive SSDI benefits. This is because the New Jersey family court considers your need for SSDI benefits as a separate circumstance from your former spouse’s and minor children’s needs for financial support. At the very least, after becoming an SSDI benefits recipient, you may formally petition the court for a post-judgment modification. Here, they may consider your decreased income and lessened earning capacity to reduce the amount in spousal and child support payments you are expected to pay each month.
On the flip side, say that you receive spousal support, or child support on behalf of your minor children. Well, in this case, you may rest assured knowing that your SSDI benefits amount may not be affected. This is because, again, your SSDI benefits are based on your work history, while your domestic support payments are based on your additional financial needs.
What happens if I do not fulfill my domestic support obligation?
To reiterate, you must formally petition the New Jersey family court to grant a post-judgment modification on your domestic support order after incurring or being diagnosed with a disability. If you do not and subsequently fail to fulfill your monthly support obligations, you may be held in contempt of court.
With this, the SSA may have the authority to withhold (i.e., garnish) current and continuing SSDI benefits payments made to you. There may not be any retroactive adjustments to your received benefits payments, but still, there will be efforts to enforce your legal obligation to pay spousal and child support from now on. This is not to mention the other consequences of being held in contempt of court (i.e., fines, jail time, etc).
You should know that a skilled New Jersey SSDI benefits lawyer is here to assist you with whatever your legal issue may be. So please reach out to us at The Law Offices of Sheryl Gandel Mazur today.
