{"id":872,"date":"2012-08-17T13:20:25","date_gmt":"2012-08-17T13:20:25","guid":{"rendered":"https:\/\/thedurstfirm.com\/?p=872"},"modified":"2012-08-15T13:30:18","modified_gmt":"2012-08-15T13:30:18","slug":"disability-determination-does-not-eliminate-child-support-obligation","status":"publish","type":"post","link":"https:\/\/thedurstfirm.com\/?p=872","title":{"rendered":"Disability determination does not eliminate child support obligation"},"content":{"rendered":"<p>As highlighted in the New Jersey Law Journal, an important case regarding the impact of a finding of Social Security Disability on one&#8217;s obligation to pay child support\u00a0was recently decided.\u00a0 Child support obligations are subject to review upon a substantial change in circumstances.\u00a0 \u00a0In this case it appears as though the parent paying child support was in fact determined to be disabled by the Social Security Administration.\u00a0 In turn, the disabled parent sought to have their child support obligation automatically terminated.\u00a0 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.<\/p>\n<p>&nbsp;<\/p>\n<p><strong><a href=\"http:\/\/preview.www.law.com\/jsp\/nj\/PubArticleNJ.jsp?id=1202567499265\">SOCIAL SECURITY DISABILITY HELD NOT TO DISCHARGE CHILD SUPPORT DUTIES<br \/>\n<\/a><\/strong>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 &#8220;cannot automatically be interpreted by the family court as a finding &#8230; that the party cannot work at all,&#8221; wrote Ocean County Family Part Judge Louis Jones in <em>Gilligan v. Gilligan<\/em>, 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.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>As highlighted in the New Jersey Law Journal, an important case regarding the impact of a finding of Social Security Disability on one&#8217;s obligation to pay child support\u00a0was recently decided.\u00a0 Child support obligations are subject to review upon a substantial &hellip; <a href=\"https:\/\/thedurstfirm.com\/?p=872\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":false,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2},"_wpas_customize_per_network":false},"categories":[28,27],"tags":[38,32],"class_list":["post-872","post","type-post","status-publish","format-standard","hentry","category-durstfirm-news","category-durst-on-divorce","tag-child-support","tag-durst"],"jetpack_publicize_connections":[],"jetpack_featured_media_url":"","jetpack_sharing_enabled":true,"jetpack_shortlink":"https:\/\/wp.me\/p6omM8-e4","jetpack_likes_enabled":true,"jetpack-related-posts":[{"id":1099,"url":"https:\/\/thedurstfirm.com\/?p=1099","url_meta":{"origin":872,"position":0},"title":"Should the custodial parent pay child support?","author":"Sandy Durst","date":"June 7, 2013","format":false,"excerpt":"In most NJ divorce cases where the parties have children, it is the non-custodial parent who pays child support to the parent of primary residence.\u00a0 In certain situations it is conceivable that the parent of primary residence could still pay child support to the other parent. A recent appellate division\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":1112,"url":"https:\/\/thedurstfirm.com\/?p=1112","url_meta":{"origin":872,"position":1},"title":"I cant&#8217; afford my child support payment? What should I do?","author":"Sandy Durst","date":"June 23, 2013","format":false,"excerpt":"In a NJ divorce, both parents have an obligation to financially support the child(ren) of the marriage.\u00a0 Child support can be calculated utilizing the NJ Child Support Guidelines or the parties can agree to deviate from the Guidelines.\u00a0 Child support is typically paid to the parent exercising primary residential custody\u2026","rel":"","context":"In &quot;Durst on Divorce&quot;","block_context":{"text":"Durst on Divorce","link":"https:\/\/thedurstfirm.com\/?cat=27"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3001,"url":"https:\/\/thedurstfirm.com\/?p=3001","url_meta":{"origin":872,"position":2},"title":"Understanding the New Jersey Child Support Guidelines","author":"Sandy Durst","date":"April 30, 2025","format":false,"excerpt":"Photo by Anna Shvets on Pexels.com In New Jersey, child support is determined using the Income Shares Model, which aims to ensure that children receive the same proportion of parental income they would have if their parents lived together. The guidelines are detailed in Appendix IX-A of the New Jersey\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"father and son in the park","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/pexels-photo-4586685.jpeg?resize=350%2C200&ssl=1","width":350,"height":200,"srcset":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/pexels-photo-4586685.jpeg?resize=350%2C200&ssl=1 1x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/pexels-photo-4586685.jpeg?resize=525%2C300&ssl=1 1.5x, https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2025\/04\/pexels-photo-4586685.jpeg?resize=700%2C400&ssl=1 2x"},"classes":[]},{"id":1913,"url":"https:\/\/thedurstfirm.com\/?p=1913","url_meta":{"origin":872,"position":3},"title":"Knowledge is power: Understanding common legal terms for NJ family law","author":"Sandy Durst","date":"December 19, 2015","format":false,"excerpt":"Useful terms for your NJ Family Law Case \u00a0 The saying \u201cknowledge is power\u201d is relevant to New Jersey Family Law.\u00a0 At The Durst Firm, we believe that educating our clients allows them the better engage in the proceedings, better understand what is happening with their case, and better assist\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"Employment Law","src":"https:\/\/i0.wp.com\/thedurstfirm.com\/wp-content\/uploads\/2012\/05\/employmentlaw-300.jpg?resize=350%2C200&ssl=1","width":350,"height":200},"classes":[]},{"id":818,"url":"https:\/\/thedurstfirm.com\/?p=818","url_meta":{"origin":872,"position":4},"title":"Keep the non-custodial parent in the loop if you want them to pay for college.","author":"Sandy Durst","date":"August 1, 2012","format":false,"excerpt":"In a recently decided but unreported decision, the Appellate Court emphasized that the quality of the relationship of a\u00a0parent and child is an important factor when deciding if a parent should have an obligation to contribute towards college expenses. As the following clip from the New Jersey Law Journal explains,\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]},{"id":3027,"url":"https:\/\/thedurstfirm.com\/?p=3027","url_meta":{"origin":872,"position":5},"title":"What happens if I don&#8217;t pay my child support?","author":"Sandy Durst","date":"October 10, 2025","format":false,"excerpt":"The obligation to pay child support is one that the State of New Jersey takes very seriously and there are a number of consequences that can occur should a parent fail to make their court-ordered child support payment. If you find yourself in a financial position where satisfying your child\u2026","rel":"","context":"In &quot;Durst Firm News&quot;","block_context":{"text":"Durst Firm News","link":"https:\/\/thedurstfirm.com\/?cat=28"},"img":{"alt_text":"","src":"","width":0,"height":0},"classes":[]}],"_links":{"self":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/872","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=872"}],"version-history":[{"count":1,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/872\/revisions"}],"predecessor-version":[{"id":874,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=\/wp\/v2\/posts\/872\/revisions\/874"}],"wp:attachment":[{"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=872"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=872"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/thedurstfirm.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=872"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}