A parent in a wheelchair should not be in jeopardy of losing custody rights. The ability of a parent to earn an income is another factor in child support. Many parents with disabilities can earn a living. At the Law Offices of Adrian H. For help with all aspects of divorce, no matter your health, call us at or complete our contact form to schedule an appointment. We represent spouses and children in Franklin, Columbia and Brentwood divorces.
Divorce and Spouses with Disabilities. Divorce and Spouses with Disabilities In some marriages, the couple married knowing that their partner was disabled. Disability and alimony Whether a spouse with a disability will be awarded alimony depends on the type of support and the abilities and needs of the spouses.
The aim of rehabilitative alimony is to help one spouse earn a living that is comparable to another spouse. The aim of periodic alimony is to assist a spouse who is economically disadvantaged compared to the other spouse and where rehabilitative alimony is not a solution.
The age, mental condition, and physical condition of a spouse are some of the many factors used in determining the amount of periodic alimony that should be awarded. However, many workplaces offer disability insurance as an option. Thus, when someone faces the prospect of being disabled, they do not always have the insurance necessary to offer financial assistance. Furthermore, long-term disability insurance only supplements about two-thirds of your income if you can no longer do your job or any job, depending on policy terms , according to the New York Times.
For individuals who find themselves in a situation where their spouse is their primary caregiver and is seeking a divorce, many aspects of care and future care will have to be changed. For example, the power of attorney designation will need to change, giving someone else the ability to make designs for you, in the event of your incapacitation.
In the event that any sort of incapacitation prevents you from working during your divorce, spousal support can be requested. There also are questions regarding disability benefits and how they factor into the marital assets. Thus, it cannot be considered marital or community property. All of this does not even account for the emotional aspect of this situation. With the ending of a union between two individuals, there can often be residual feelings that can build over time, creating internal conflict to sort through.
If your alimony clause survived whether that was with a waiver of alimony or with some sort of payment being ordered , then a subsequent disability will not allow you to seek or modify alimony.
If your alimony clause merged with the judgment of divorce, then you can potentially modify alimony because of a subsequent disability. If you were the spouse receiving alimony and you become disabled, you may be able to seek a higher alimony payment or obtain an alimony award for a longer period of time than is generally allowed.
If you need a modification of a support order because of a disability incurred subsequent to a divorce, whether that be to obtain a higher payment than you were ordered or to try to lower or stop payments you were making previously, you want to file a complaint for modification and a motion for temporary orders as quickly as possible. Our family lawyers are compassionate and driven to help each of their clients through their unique divorce case, and we understand complex financial issues and can help you understand the ins and outs so you know what to expect.
Call, email, or submit a contact form to schedule a case evaluation today. Think Twice Before Tweeting As enjoyable as social media can be to keep in touch with old friends and other family members you may What is Best? Avoid What Others Have Done Divorce can be one of the most stressful things you might ever have to endure in your lifetime. October 28, Social Security Disability Payments Social security disability payments are still going to be considered as income to the person receiving the benefits.
Categories Divorce.
0コメント