Legal Question in Family Law in Virginia

Disability and child support payments

Hi,

If the non-custodial parent is receiving social security disability payments, is this amount subject to determining the amount of child support owed to the custodial parent for the child?

The non-customdial parent is 37 years old.

Thanks and have a great day!


Asked on 7/20/06, 9:18 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Disability and child support payments

Section 20-108.2 of the Code of Virginia specifies that parents who are "medically verified as totally and permanently disabled with no potential to pay child support, including receipients of SSI" are exempted from

an obligation to pay support. While no specific reference is made to SSA disability, presumably many of these types of recipients also would fit the above definition. Also, dependent minors of such recipients should also be eligible for an independent SS benefit if a separate application is filed in their behalf with the SSA.

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Answered on 7/21/06, 6:52 am


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