Disability Claims in Alimony and Child Support Matters

Assembly Bill 1551 would serve to amend the New Jersey support statute, N.J.S. 2A:34-23 insofar as it would make a social security disability determination inadmissible in the calculation of a party’s alimony or child support receipt or obligation. The Bill, introduced by Morris County Assemblyman Michael Patrick Carroll, would affect actions in which earning capacity was in question due to a disability claim by a party in an action for child support or alimony. In making a determination of earning capacity, “a record or oral testimony on a determination of a federal social security disability benefit award or the receipt of past or on-going social security benefits shall be inadmissible for purposes of establishing the cause, or the extent or duration of the party’s disability in its impact on the earning capacity of that party.” The Bill would require genuine medical records and testimony of treating physicians in order to prove a party’s earnign capacity as it relates to need or ability to pay alimony or child support. Further, the Bill would provide for reasonable costs and attorney fees for the production of proofs by a party victorious in proving a disability limiting earning capacity and costs to a party successfully refuting the other party’s disability claim. The basis for the Bill is the lack of a meaningful adversarial process in the determination of whether an individual is afflicted with a disability in the confines of a social security administration hearing. The language in the bill would add a layer of proof serving to protect the interests of the other party in a family law matter whose interests were not represented in the social security disability matter. If you are considering divorce or post-judgment modification of alimony, you should consult an experienced divorce attorney to protect your rights. This blog is for informational purposes and not intended to replace the advice on an attorney. If you wish to consult with a divorce attorney, please visit DarlingFirm.com to learn more about our services and how to contact us.

Social Security Disabilty No Longer Offers Automatic Relief From Child Support in NJ

The New Jersey Family Court system does not accept social security's declaration that an individual is disabled as an indication that the person cannot work at all. In Gilligan v. Gilligan, the Court decided it is the burden of the obligor to either pay child support or prove why they are unable to do so. When making the ruling, the Court considered the maximum allowable earnings an obligor parent can make without jeopardizing their social security benefits and decided it could impute to the parent the ability to earn income up to that maximum amount. Currently, $1,010 per month is the maximum an individual may earn per month without jeopardizing their social security benefits. If they are blind, a person may earn $1,690 per month without jeopardizing social security benefits. Previously, in Golian v. Golian, decided in 2001, the Court held that a party receiving social security disability was presumed unable to work to pay child support. The burden of proof was on the parent seeking support to prove the disabled individual was capable of earning money to pay for child support. Putting the onus on the party without access to medical records placed them at a disadvantage in litigation. The Court, in Gilligan, did distinguish it from Golian by stating the difference between Golian's interest in alimony compared to Gilligan's interest in child support. The distinction between the two cases seem to be the strong public interest in parents supporting their children. This means a declaration of disability by social security remains a valid reason to avoid payment of alimony. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are seeking a modification of support or someone is seeking to modify a support order imposed on you, you should consult an experienced family law attorney immediately in order to protect your rights. For more information on alimony, divorce, dissolution of civil union or domestic partnership, custody, child support or other family law matters in New Jersey visit HeatherDarlingLawyer.com.

When Does a Child's Disability Extend or Bar Emancipation in NJ

In the event a child becomes disabled before emancipation, the extent of the disability will also be a factor in when emancipation of the disabled child occurs, if at all. If a disabled child is determined unable to support themselves by a court of law, child support will continue until such time as there is a change in the child's condition. At any time, if the spouse paying child support has legitimate cause to believe there is a change in the child's condition enabling the child to support themselves, the party is entitled to a hearing and discovery regarding the child's medical condition. Although a child may not be fully able to support themselves due to a disability, in the event they are able to partially support themselves, the payor spouse may still be entitled to a reduction in their child support obligation. This blog is for informational purposes only and in no way intended to replace the advice of an attorney regarding your specific matter. If you are seeking an increase or decrease in child support, you should consult an experienced criminal law attorney immediately in order to protect your rights. For more information on child support modification, custody, divorce, civil union dissolution or other family law matters in New Jersey visit HeatherDarlingLawyer.com.