As highlighted in the New Jersey Law Journal, an important case regarding the impact of a finding of Social Security Disability on one’s obligation to pay child support was recently decided. Child support obligations are subject to review upon a substantial change in circumstances. In this case it appears as though the parent paying child support was in fact determined to be disabled by the Social Security Administration. In turn, the disabled parent sought to have their child support obligation automatically terminated. The court did not agree with the moving party and re-affirmed the requirement that in party claiming they cannot pay support shoulder the burden of proving they are unable to pay.
SOCIAL SECURITY DISABILITY HELD NOT TO DISCHARGE CHILD SUPPORT DUTIES
Just because a parent qualifies for Social Security disability benefits does not necessarily mean he or she is unable to pay child support, a New Jersey trial judge says. A declaration of disability by the Social Security Administration “cannot automatically be interpreted by the family court as a finding … that the party cannot work at all,” wrote Ocean County Family Part Judge Louis Jones in Gilligan v. Gilligan, FM-15-807-02. The ruling, approved Tuesday for publication, places the burden on parents claiming disability to prove that they are unable to pay anything and makes it clear that it is not enough just to brandish a disability award letter.
