Legal Question in Family Law in New York
child support downward modification based on disability payments(non-taxable)
Are non-taxable disability payments considered basis for child support calculation, this is the only source of income I currently have. Can I go for
downward modification based on my disability?
Asked on 1/01/08, 8:55 pm
1 Answer from Attorneys
Anthony Colleluori
The Law Offices of Anthony J. Colleluori & Associates PLLC
Re: child support downward modification based on disability payments(non-taxable)
If your income is reduced, you can apply to change your child support obligation.
If you are receiving SSI, those funds are not considered for child support payments. Regular disablity insurance payments are however part of your income (actually they are an income replacement) and are part of the calculation.
You should speak to a lawyer for further clarification.
Good Luck.
Answered on 1/01/08, 11:46 pm
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