If a claimant for Social Security Disability has been ordered to pay child support, but is unable to do so due to his or her disability, the court can modify the child support order, but only as of the date the request was filed. If the claimant does not file a petition for modification, the child support obligations will accrue resulting in arrearages.
If the claimant is awarded disability benefits, and has minor children, usually the children will be eligible for auxillary benefits, which will be paid to the custodial parent. If the claimant did not file a petition for modification of child support, and a motion to receive credit for auxillary benefits paid to the custodial parent, the custodial parent will recieve retroactive auxillary benefits for the children and a portion of the claimant's past due benefits, because of the child support arrearage. Even though the custodial parent is receiving money from the Social Security Administration for thr benefit of the children, the claimant's obligation to pay child support is still in effect, until the court modifies the child support award.
Claimants generally do not have the money to pay attorneys to file pleadings in family law court to modify the child support award, and this often results in an inequitable result. We can help with child support issues in connection with Social Security or VA claims for a reasonable fee.
Below is a link to Family law forms approved by the Florida Supreme Court.
Florida Supreme Court approved family law forms