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Going through a divorce while also living with a disability adds a layer of complexity that many people aren’t prepared for. You might be wondering how disability benefits and alimony work together, especially when both are key to your financial security.

Is it possible to receive disability and alimony at the same time?

You can receive both alimony and disability benefits, but how they interact depends on the type of benefit and your state’s laws.

SSDI is typically not affected by alimony, while SSI may be reduced due to its needs-based structure.

Courts weigh disability status when determining alimony amounts, especially if it limits earning capacity or impacts a payor’s ability to provide support.

Detailed documentation of income, medical records, and financial need is essential to maintain both benefits and support arrangements.

Can You Receive Disability and Alimony at Same Time | Marble Law

Family Law

Going through a divorce while also living with a disability adds a layer of complexity that many people aren’t prepared for. You might be wondering how disability benefits and alimony work together, especially when both are key to your financial security. Divorce affects more than your relationship. It changes how income is calculated, support is determined, and future needs are addressed. If you’re already receiving disability or plan to apply for it, you may have questions about how that impacts <a href="https://www.marble.co/glossary/what-is-alimony" rel="noopener noreferrer" target="_blank">your eligibility for alimony,</a> or vice versa. Is it possible to receive disability and alimony at the same time? In most cases, yes, but it’s not always simple. Different types of disability benefits (like SSDI or SSI), state laws, and your specific divorce agreement all play a role in what’s allowed and how much support you may receive. By understanding how these support systems interact, you can make more informed decisions during your divorce. You’ll also be better equipped to protect your financial future as you move forward.

The interaction between disability and alimony

Disability has a major impact on alimony decisions, whether you’re the one receiving support or the one paying it. If you’re disabled and unable to earn a full income, you may need additional spousal support. If you’re expected to pay alimony but have a reduced income due to disability, that also affects what the court may order. Courts don’t take a one-size-fits-all approach here. They’ll review your medical records, long-term prognosis, and eligibility for disability benefits. They’ll also consider ongoing medical expenses, care requirements, and whether any accommodations that affect your cost of living are needed. If you're the spouse with a disability, the court might increase alimony or extend the payment period to meet your needs — understanding <a href="https://www.marble.co/blog/family/divorce/how-long-alimony-lasts" rel="noopener noreferrer">how long alimony lasts</a> can help you plan for the future. If you're the payor and your income drops because of a disability, the court may lower your payments or adjust the structure. Everything comes down to balancing your needs against your former partner's ability to pay.

How does disability affect alimony payments?

Disability can shift alimony in either direction. If you’re unable to work because of a health condition, the court may increase the alimony you receive to ensure you can meet basic needs. But if you’re paying alimony and your income drops due to disability, you can usually request a modification. Judges look at many factors:

How severe and permanent is the disability?

Does it limit your ability to earn a living?

Are you receiving government benefits like SSDI or SSI?

Do you have insurance coverage or other financial support?

<a href="https://www.marble.co/blog/family/divorce/how-long-do-you-have-to-be-married-to-get-alimony" rel="noopener noreferrer">How long you were married</a> — since marriage length often affects alimony duration and amount

These details help the court understand the full picture. Whether you’re asking for support or seeking a reduction, you’ll need to show how your disability affects your financial life.

Is it possible to receive alimony and disability at the same time?

Yes, it’s possible to receive both alimony and disability benefits. But how these two forms of support interact depends on a few key factors, especially the type of disability benefit you receive. If you’re getting Social Security Disability Insurance (SSDI), alimony generally won’t reduce your benefits. SSDI is based on your work history and contributions to Social Security, not your financial need. However, if you’re receiving Supplemental Security Income (SSI), it’s different. SSI is a needs-based program, so any alimony you receive may reduce your benefit amount. The Social Security Administration sees alimony as income, which could make you ineligible or lower your monthly SSI payments. Courts also consider your disability income when <a href="https://www.marble.co/blog/family/divorce/how-to-calculate-alimony" rel="noopener noreferrer" target="_blank">calculating alimony</a>. They want to make sure you’re supported, but not overpaid. In many cases, disability payments may offset the amount of alimony awarded to avoid what’s known as double-dipping. The goal is always to meet your basic needs without unnecessary financial strain on either party.

Main requirements for getting alimony and disability at the same time

To qualify for both alimony and disability benefits, you’ll need to meet the separate legal standards for each. Here’s what you should be prepared to demonstrate:

You’ll need to prove that your medical condition prevents you from working. For SSDI, this means showing your condition is expected to last at least 12 months or result in death. You must also have a sufficient work history. For SSI, the medical standard is similar, but the financial threshold is stricter.

To get alimony, you’ll also need to show that you can’t meet your expenses without your former partner’s help. This means documenting your income, medical costs, living expenses, and how your disability limits your ability to support yourself. Keep detailed records of everything: disability checks, alimony payments, and any other sources of income. These documents help the court (and the Social Security Administration) make fair decisions and protect you if either party requests a change later.

Medical records, employment history, and expert evaluations can help show how your condition limits your ability to work. This information supports your claim for both alimony and disability, especially if you’re seeking higher support levels or long-term assistance.

Any time your alimony amount changes, you must report it to the Social Security Administration if you’re receiving SSI. Failing to do so could result in benefit reductions, overpayment notices, or even penalties. Likewise, if your disability status changes, let the court know—this could affect your alimony order too.

Up-to-date medical records are essential. They show the current state of your condition and help justify continued disability benefits or the need for ongoing alimony. If your condition worsens or improves, these records will guide necessary adjustments.

What is the impact of divorce on disability and alimony?

Divorce introduces a wave of changes, especially when disability benefits are involved. If you or your former partner are disabled, the financial and legal impact of separating can be more complicated. Courts must carefully balance disability needs with fair support arrangements, while you navigate shifting income and benefit rules. Many people also wonder <a href="https://www.marble.co/blog/family/divorce/if-my-wife-filed-for-divorce-can-she-get-alimony" rel="noopener noreferrer">if the wife filed for divorce, can she still get alimony</a> — and the answer depends on several factors, including disability status and financial need.

Divorce usually means recalculating your finances from the ground up, and it <a href="https://www.marble.co/blog/family/divorce/how-to-calculate-alimony" rel="noopener noreferrer" target="_blank">affects the alimony calculations</a>. You’re moving from one household to two, which often stretches resources. For a disabled spouse, this transition may create a greater need for support. Courts look closely at total income from disability benefits, past earnings, and future potential when determining support.

Divorce can change your eligibility for some public benefits. For example, if you receive SSI, a drop in household income might increase your monthly benefit. On the flip side, receiving alimony might lower or eliminate your eligibility. Changes in family size, housing, and financial support all affect benefit calculations, especially for needs-based programs like Medicaid or housing assistance.

Courts don’t just look at income; they also look at your expenses. If you’re disabled, you may need extra support for medical care, home accessibility, or mobility equipment. These added costs can justify higher alimony payments. Judges try to ensure your basic needs are met, even as they consider what your ex can realistically afford to contribute.

One of the biggest challenges after divorce is medical insurance. If you were covered under your spouse’s plan, you might lose that coverage after the divorce is finalized. Depending on your situation, you may need to use COBRA, switch to a Marketplace plan, or apply for Medicare or Medicaid. It’s important to explore these options early to avoid a gap in coverage.

What happens if the person paying alimony suddenly becomes disabled?

If the person responsible for paying alimony becomes disabled, they can usually ask the court to review and possibly modify the order. This is known as a change in circumstances, and it’s a common reason to request an update to support payments. When this happens, the court will look at the new medical diagnosis, the impact on employment, and the person’s current income, including any disability benefits. They’ll consider whether the payor can still meet their support obligations, or if the payments should be reduced, paused, or even ended. Judges don’t make these decisions lightly. They weigh the payor’s new limitations against the ongoing needs of the person receiving alimony. The court might often lower the monthly amount or extend the payment timeline. In more severe cases, the order may be terminated, especially if the payor is permanently disabled with no remaining income beyond basic support.

How a family law attorney can help your alimony case

Balancing alimony and disability benefits involves legal and financial details that can quickly become overwhelming. A family law attorney can help you understand your rights, avoid benefit disruptions, and request support or modifications based on changing circumstances. Attorneys with Marble can help clients navigate the intersection of disability and <a href="https://www.marble.co/family/alimonyandspousalsupport" rel="noopener noreferrer" target="_blank">spousal support</a>. They’ll guide you through the process, help you pursue a fair and enforceable&nbsp;agreement, and help you secure the financial stability you need.

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Do I have the right to know where my child is during visitation?

Child Visitation Rights: Can You Know Where a Child Is During Visitation | Marble Law

When your child splits their time between two households, it can be frustrating not knowing what they’re doing when they aren’t with you. In some cases, you may simply be curious. In others, you may be concerned about their safety.&nbsp; Unfortunately, you don’t always have a right to know <a href="https://www.marble.co/blog/family/child-custody-and-visitation/when-can-you-deny-visitation-to-the-non-custodial-parent" rel="noopener noreferrer" target="_blank">where your child is during visitation with your co-parent</a>. Depending on your state law, you might have an automatic right to seek this information in a handful of instances. But if you desire more access, you need to request it from the court.&nbsp; In this article, we’ll explain what information about your child you have a right to know, as well as what you can do if you believe you need more details. Then we’ll share examples of how you might modify a court order so you can have access to the facts you desire.

Basic rights to information about your child

Most state courts seek to foster a close relationship between a child and each parent after a divorce. At the same time, the courts strive to respect each parent’s rights. One way multiple state courts achieve both goals is by granting custodial and <a href="https://www.marble.co/blog/family/child-custody/primary-custodial-parent/" rel="noopener noreferrer" target="_blank">noncustodial parents</a> the right to request certain information about their children. This information can include:&nbsp;

Sometimes this information can help a parent figure out a child’s whereabouts by letting them know things like:

What afterschool programs they take part in

Whether they made it to school and all their classes

Whether they took the bus home from school

<a href="https://www.marble.co/blog/family/child-custody-and-visitation/supervised-visitation" rel="noopener noreferrer" target="_blank">Who supervised their recovery</a> after a health procedure

Typically parents can ask for the above information from healthcare providers and school officials if they present copies of the child’s birth certificate and a <a href="https://www.marble.co/family/childcustodyandvisitation" rel="noopener noreferrer" target="_blank">custody or visitation order</a>.

You need to respect the terms of your parenting agreement, custody order and <a href="https://www.marble.co/blog/family/child-custody/custody-schedules-by-age/" rel="noopener noreferrer" target="_blank">child visitation schedule</a>. If you fail to honor these rules, you could be held in contempt of court. So when you feel you need more information in non-emergency situations, check your family law court orders. They may include provisions about when and how often you can contact your child while they are with the other parent. They may also address circumstances where your co-parent is required to notify you about your child’s whereabouts.&nbsp; If you feel you need other questions answered about where your child is during the day, your best option is to seek special rights in a parenting time or custody order. You may be able to obtain these extra rights when you initially seek custody and visitation orders with the court, or you can file a motion with the court to modify orders already in place.&nbsp; If you feel you need more information in an emergency situation, contact your child or the other parent. If you don’t receive a response, speaking to your attorney about whether you should file a motion with the court to modify the other parent’s rights can be helpful.&nbsp; In extreme cases where the parent has left town with the child without proper authorization, it may be time to alert the authorities and request an AMBER alert.&nbsp;

What solutions are available in a court order?

There are many ways to fashion custody and visitation orders so that you can keep track of your child. You may also be able to develop terms of visitation that put you more at ease about the other parent having your child so that you feel less of a need to check in. Examples of such provisions include but aren’t limited to orders that:

Give you rights to routinely check in with your child (for example, by phone call or text) during the other parent’s visitation

Require the other parent to notify you if they plan to be away from home with the child for a specified period of time

Require the other parent to provide you with notice and a basic itinerary when they travel with your child

Limit the child visitation pick-up/drop-off responsibility to a small number of trusted individuals

Require the other parent to notify you if they intend to leave the children with a third party during their parent time or give you the first option to provide care

If you have specific reasons to be concerned about your child’s safety—such as the other parent’s history of reckless behavior, mental illness or drug use—you may request that the other parent’s visitation be supervised. The court may put in place detailed guidelines regarding where visitation takes place, who must be present and what activities are acceptable.&nbsp;

When you file a motion to modify custody or parenting time orders, you’ll likely need the other parent to agree with your proposed changes. If the other parent doesn’t agree, many states require you to prove two things:

That there’s been a substantial change in circumstances since the original order

That the change you want is in the best interests of your child

When your desired change is a substantial modification to the other parent’s visitation or custody rights, state law might restrict how often you’re allowed to request a change to once every two years. For example, if you seek to change a <a href="https://www.marble.co/blog/family/child-custody/primary-sole-vs-joint-custody/" rel="noopener noreferrer" target="_blank">joint physical custody</a> arrangement to <a href="https://www.marble.co/blog/family/child-custody-and-visitation/legal-custody-vs-physical-custody" rel="noopener noreferrer" target="_blank">a sole physical custody arrangement</a> less than two years after the last modification or initial order, you might have to prove that your child is in imminent emotional or physical danger that warrants the change.&nbsp;

What does a court consider when modifying a parenting time or custody order?

When a family court decides to include a provision in a custody or parenting time order, it often makes its decision based on what’s in the best interests of the child. There are several factors they consider, including:

Each parent’s ability to encourage contact and an affectionate, loving relationship between the child and the other parent

The physical health of each parent and anyone else involved

The ways in which the child has adjusted to their community, school and home

The mental health of each parent and anyone else involved

The way the child interacts with each parent and any other important individuals in the child’s life (siblings, aunts, grandparents, uncles, close friends, etc.)

Whether anyone involved has a history of committing abuse or neglect

Whether past parental involvement indicates a system of mutual support, time commitment and values

The physical distance between the parents

Each parent’s capacity to put the child’s needs ahead of their own needs

Handling family matters can be stressful, especially when those matters involve your child. While it’s not mandatory, hiring a skilled family law attorney can help reduce this stress and ensure the court makes the best decisions for your child. A knowledgeable lawyer can help you resolve disputes with your co-parent with minimal conflict and court intervention. They can also help ensure that your rights as a parent are respected.

You can only do this in very specific circumstances, or you may face penalties.


When can you deny visitation to the noncustodial parent?

When Can You Deny Visitation to Non Custodial Parent | Marble Law

As the <a href="https://www.marble.co/blog/family/child-custody/primary-custodial-parent/" rel="noopener noreferrer" target="_blank">custodial parent</a>, there may be instances when you’d prefer your children not spend time with their other parent. In some situations, you may feel it’s safer for your kids. In other circumstances, particularly after a messy divorce, you may want to “punish” your ex. In either situation, you can’t deny visitation or parenting time to the other parent unless there’s a court order permitting you to do so. If there isn’t a court order, and you prevent the other parent from seeing the children, you’ll likely be found to be in contempt of court, and you may risk losing your own parenting time, paying the other parent’s attorney fees or, in extreme instances, jail time. To help you navigate the ins and outs of visitation and parenting time, this article will help explain when you may be able to deny the other parent time with your kids and how to go about changing the terms of your custody, visitation or parenting time order.

How does a court determine the terms of a visitation order?

During the divorce process, if the couple has any children from the marriage, visitation and parenting time will be addressed. When the parties can’t reach an agreement themselves, the court will determine <a href="https://www.marble.co/blog/family/child-custody/primary-sole-vs-joint-custody/" rel="noopener noreferrer" target="_blank">custodial rights</a> and parenting time. If the court grants one parent physical custody of the child for a majority of the time, that parent is referred to as the custodial parent, and the other parent is referred to as the noncustodial parent.&nbsp; Studies have shown it's in a child's best interest to have a strong relationship with both parents, so courts usually order parenting time for the noncustodial parent. Parents also typically have the <a href="https://www.marble.co/blog/family/child-custody-and-visitation/do-i-have-the-right-to-know-where-my-child-is-during-visitation" rel="noopener noreferrer">right to know where your child is during visitation</a>. Common factors that courts use to determine visitation and parenting time include:

Each parent’s ability to provide love, guidance and affection

The stability of each parent’s household, including how long each has been there and whether that environment should be maintained

The ability of each parent to provide for the child (including shelter, food, healthcare, clothing and other material needs)

Each parent’s physical and mental health

Each parent’s ability and willingness to encourage a close relationship between the child and the other parent

The child’s history in their home, school and community

The child’s preference (in certain states, and when the child is old enough)

The permanence of the proposed custodial home

Any criminal or domestic violence history of each party involved

Any other factor relevant to making a decision in the best interests of the child

Can the custodial parent deny visitation?

A custodial parent can’t deny the noncustodial parent visitation unless a court order permits them to do so.&nbsp; However, either parent may initiate a modification of an existing order—including an emergency order in certain situations—with the appropriate family court in your jurisdiction.&nbsp;Generally, the court requires you to provide the other parent with proper notice of the scheduled hearing and time to respond to your request to modify the existing order. However, in certain instances where an emergency exists, a court may hear an argument from a parent ex-parte (meaning one party only, or when the other parent isn't notified in advance of the hearing). This is often referred to as <a href="https://www.marble.co/blog/family/child-custody-and-visitation/emergency-child-custody" rel="noopener noreferrer">emergency custody</a> and is reserved for situations where a child's safety is at immediate risk.At the hearing, whether ex parte or if both parties are present, you’ll each have the opportunity to argue relevant facts and present evidence in your favor. The court will determine what’s in the child’s best interest. Some possibilities include:

Suspending one parent’s custody, visitation and/or parenting time

Ordering <a href="https://www.marble.co/blog/family/child-custody-and-visitation/supervised-visitation" rel="noopener noreferrer" target="_blank">supervised visitation</a> and/or parenting time

Ordering the noncustodial parent to take steps to remedy their behavior, such as attending counseling or completing a substance or psychological evaluation

In cases where you suspect the other parent may be abusing or neglecting your child, or you fear for the child’s safety for any reason, it’s recommended to contact the police first. Once you have a police report or any other evidence of dangerous conditions that the other parent creates, then you may wish to contact an experienced family law attorney to discuss your legal options to protect your child and family. You may then be able to get an <a href="https://www.marble.co/blog/family/child-custody/emergency-child-custody/" rel="noopener noreferrer" target="_blank">emergency temporary order</a> from the court.&nbsp;

After a hearing, a court may agree with a parent’s motion to suspend, restrict or temporarily modify the other parent’s visitation or parenting time for reasons such as:&nbsp;

Domestic abuse (committed by a parent or someone in the parent’s household)

Health changes that diminish a parent’s ability to properly care for the child

Actions that undermine the relationship between the child and either parent

Life changes that may affect a parent’s ability to care for a child

A parent’s refusal to comply with the terms of the current custody, visitation or parenting time order

The standard for modifying custody, visitation or parenting time is there must be a significant change in circumstances from the existing court order. Understanding <a href="https://www.marble.co/blog/family/child-custody-and-visitation/what-voids-a-custody-agreement" rel="noopener noreferrer">what voids a custody agreement</a> can help you determine if your situation qualifies for a modification.

What can courts do to restrict visitation?

If the court chooses to modify a parent’s visitation, it can do so in many ways, such as:&nbsp;

Reducing the amount of time the parent has for visitation

Restricting the parent’s visitation to particular, pre-approved locations

In extreme cases, one parent can petition a court to terminate another parent’s parental rights. States don’t make these decisions lightly and often look for any way to preserve a parent’s relationship with their child.&nbsp; If a noncustodial parent consistently places your child in grave danger or refuses to look after your child, many people find it helpful to consult a knowledgeable attorney to determine whether termination is worth considering.&nbsp;

What happens if I deny visitation without court permission?

Restricting or preventing the other parent from conducting court-ordered visitation or parenting time without a subsequent court order is ill-advised and may subject you to contempt of court, civil fines and, in extreme instances, criminal penalties.&nbsp;

If you believe that your co-parent is putting the child in harm's way and you're considering seeking changes to your custody, visitation or parenting time order, a family attorney can assist you. They can help determine when the proper time is to file a modification and/or motion, or how to defend yourself or assert your rights before a judge. They can also explain the difference between <a href="https://www.marble.co/blog/family/child-custody-and-visitation/legal-custody-vs-physical-custody" rel="noopener noreferrer">legal vs physical custody </a>and how each may be affected by your case. Your attorney can also advise if an emergency order may be heard under the circumstances, and if so, how to go about obtaining one.

There are ways to receive this assistance even if your spouse is unemployed.


Can you get child support if the father isn’t working?

How to Get Child Support if Father Is Not Working | Marble Law

Child support is meant to help the custodial parent pay for their child’s needs, such as clothing, food, health care and more. One factor, among many, used to calculate child support is the <a href="https://www.marble.co/blog/family/child-custody/how-to-get-full-custody/" rel="noopener noreferrer" target="_blank">noncustodial parent</a>’s income. So if this parent is or becomes unemployed, it’s natural for the custodial parent to worry. Generally speaking, though, there are ways to collect child support if the father (or other parent) isn’t working. That said, the ability to obtain child support and the amount of support to which you may be entitled depends on the particular facts and circumstances of your case.&nbsp; The information below may help you better understand child support, including how courts determine how much support you receive, how to obtain child support if the father isn’t working and how to modify child support orders.&nbsp;

In a divorce where children are involved, one critical issue to address is child support.&nbsp; <a href="https://www.marble.co/glossary/what-is-child-support" rel="noopener noreferrer" target="_blank">Child support is the legal obligation of both parents</a> to financially contribute toward the child’s needs and upbringing. The primary consideration in determining a child support award is the best interests of the child. Thus, the courts generally prioritize the child’s needs over the parents’ current financial circumstances.&nbsp; While there’s no way to determine with certainty how much child support a court will award, most states provide access to a child support calculator. Parents can use this to get a basic idea of how much child support the court may order.

Factors involved in determining child support when a father isn’t working

Most courts calculate child support using a formula that either:&nbsp;

OR calculates a percentage of the paying parent’s income

When a parent chooses to be unemployed or underemployed, courts use several factors to “impute” or assign an appropriate amount of income to that parent that reflects their reasonable earning potential. Then they use that imputed income amount to calculate a child support award. To determine whether to impute income and calculate the appropriate amount of child support when a parent isn’t working, a court may consider several factors, such as the following.

Reason for underemployment or unemployment

A parent may be unemployed for a number of reasons, such as:&nbsp;

Voluntary underemployment or unemployment

Courts typically consider these and other underlying reasons for the parent’s unemployment in making any child support determinations.&nbsp; For example, if a parent was recently laid off due to no fault of their own, the court may consider pausing child support payments and providing a certain amount of time for the parent to find a new job. Or if a parent has a disability that prevents them from working, the court may order child support, with such payments coming out of any disability benefits the parent qualifies for and receives.&nbsp; The courts are less lenient if a parent is voluntarily underemployed or unemployed. A parent can’t avoid child support payments simply because they would prefer not to work. Lastly, if a spouse was a stay-at-home parent during the marriage, the court typically imputes income of at least minimum wage to them. However, the court may make an exception if unusual factors obligated the parent to stay at home, such as having a severely disabled child.&nbsp;

Courts may factor in a parent’s education level, skills, qualifications and potential earning capacity when determining child support. In many cases, noncustodial parents with higher qualifications and earning capacity are responsible for larger child support payments.&nbsp;

Even when a parent is currently unemployed, the legal system typically expects them to actively seek employment until they can secure a job. Courts look unfavorably on an unemployed parent who’s intentionally avoiding work and not making reasonable efforts to find employment.&nbsp;

In some states, the <a href="https://www.marble.co/blog/family/child-custody/primary-custodial-parent/" rel="noopener noreferrer" target="_blank">custodial parent</a>’s income is another factoring in making child support calculations. For example, if the custodial parent has a higher income than the noncustodial parent, the noncustodial parent will likely pay less in child support than they otherwise would have.

How to get child support if the father is not working

According to a 2015 U.S. Census Bureau <a href="https://www.census.gov/newsroom/press-releases/2018/cb18-tps03.html" rel="noopener noreferrer" target="_blank">report</a>, about 44 percent of custodial parents receive the full amount of child support payments due from the noncustodial parent. Although this may seem discouraging, there are avenues to help you obtain child support payments even if your child’s noncustodial parent isn’t working. Consider the following.

When a parent is unemployed and not voluntarily seeking employment, you may be able to seek an order from the court directing the parent to actively look for a job. The court may also be able to require the unemployed parent to take specific actions such as:&nbsp;

Providing periodic reports to the court specifying details confirming their job-search efforts

Applying for a certain number of jobs in a prescribed time period

If an unemployed parent fails to comply with their child support obligations, wage garnishment may be an option to obtain your awarded payments once the noncustodial parent is working again.&nbsp; Wage garnishment for court-ordered child support is a process by which an employer directly deducts a portion of an individual’s wages from their paycheck. The amount deducted is sent to the custodial parent or child support agency toward fulfillment of their child support obligation.&nbsp; Even if the noncustodial parent has other outstanding debts, child support payments almost always come out of an individual’s paycheck first. For example, child support takes precedence over and must be withheld before other deductions such as:&nbsp;

You may also garnish some government benefits, such as unemployment benefits, disability benefits and veterans benefits. While these benefits are protected from garnishment by most creditors, there is sometimes an exception for child support.

Depending on your jurisdiction, you may also be able to intercept tax refunds. If a parent is delinquent on their child support obligations and you have reason to believe they’ll receive a tax refund, the appropriate child support agency in your state can intercept those refunds and apply them to any unpaid child support. The name of the agency varies by state, but you can typically find it online by searching the name of your state along with “child support collection agency”.

Child support orders may be modified after a divorce, however, most courts will only do so when there’s proof of a substantial and material change in circumstances. This might include when one parent:&nbsp;

That said, what constitutes a material change in circumstances varies depending on the particular jurisdiction in which the child support modification is sought. It may be beneficial to speak with an experienced family law attorney in your state to discuss the rules and procedures in more detail.&nbsp;

How to win a child support modification case

The parent who requests the child support modification needs to prove that there was a material change in circumstances that warrants the modification. Or if you don’t want child support changed, you need to present evidence that the change isn’t material or substantial. Evidence you can use to support your claim may include:

Information regarding any valid reasons for the individual’s unemployment

Financial statements regarding monthly assets and liabilities

Child-related expenses such as medical, education and childcare costs

Going through a divorce is never easy, especially when children are involved. However, you don’t have to go through this process alone.&nbsp; An experienced family law attorney can help you gather crucial evidence to support your claim for child support. If your child’s other parent is unemployed or underemployed, an attorney can help you show the court why income should be imputed. They can also review your options for collecting child support you are owed. Having an attorney in your corner may provide valuable support and legal guidance to take some of the stress off your shoulders.

This court order can last anywhere from months to years, so it’s important to understand what it means.


What happens after temporary custody is granted?

What Happens After Temporary Custody Is Granted | Marble Law

Child custody matters are often arduous and may take weeks, months or even years to fully resolve. Luckily, that doesn’t mean you, your spouse and your child need to endure an ongoing battle. A temporary custody order can establish rules for custody and care of your child while you’re going through the divorce process. In this article, we discuss<a href="https://www.marble.co/blog/family/divorce/pendente-lite-order-in-divorce/" rel="noopener noreferrer" target="_blank"> temporary custody orders</a>, how to get one and what happens after you obtain a temporary order. We also go over how to transition from temporary to permanent custody.

A <a href="https://www.marble.co/blog/family/child-custody/grounds-for-full-custody/" rel="noopener noreferrer" target="_blank">child custody order</a> is a court-ordered arrangement regarding the custody and care of a child. When making <a href="https://www.marble.co/family/answers/maryland/how-child-custody-works" rel="noopener noreferrer" target="_blank">child custody decisions</a>, courts take into account a number of factors. What matters most is the best interest of the child. Other factors may include the:&nbsp;

Child’s emotional, educational and social needs and preferences

Ability of the parents to effectively communicate and cooperate with each other

Existence of any history of abuse or domestic violence

Physical and mental health of each parent

Work schedule of each parent and their ability to adequately care for the child

Stability of each parent’s home life and environment

A temporary custody order is an order of the court that establishes a temporary arrangement for the care of a child during a pending divorce or paternity proceeding.&nbsp; A temporary custody order can address various aspects related to the custody and care of a child, such as:

Visitation or parenting time rights of the noncustodial parent

Decision-making authority regarding the child’s healthcare, education and social activities

Sometimes the parents are able to cooperate and work together to reach a mutual temporary custody agreement that can be adopted by the court as the temporary custody order. In other instances, the court establishes a temporary custody order after taking all the relevant considerations into account.&nbsp; Since temporary orders are a formal order of the court, even if either party doesn’t agree to all aspects of the order, they must strictly comply with it or risk facing consequences such as fines, court sanctions or jail time.

Purpose and benefits of a temporary custody order

A temporary custody order helps ensure that the child is afforded a certain level of structure and stability until the conclusion of the divorce proceedings. This may help support a child’s emotional and physical well-being and also provide the parents with clear guidelines.

The temporary custody order process generally begins with the filing of a petition or motion for temporary orders. Then the court schedules a temporary custody hearing where both parties have an opportunity to present their evidence and arguments in support of their respective requests for temporary custody.&nbsp; Preparation and organization may help you prevail in your temporary custody hearing. Below are some tips to consider.&nbsp;

Gather evidence such as school records, financial records, witness statements and any other relevant materials that can help support your position.

Be prepared to answer questions about your child’s emotional, developmental and physical needs and how your proposed custody arrangement best supports those needs.

Show that you can remain cordial and cooperative with your child’s other parent.

Be prepared to show what you’ve historically done to care for and support your child.

Aim to show the court that you can put your child’s needs first by focusing your arguments on the best interests of your child rather than what you want for yourself.

If you have questions or want to discuss the process in more detail, consider speaking with a family law attorney licensed in your state.

What happens after entry of a temporary custody order?

After the temporary custody order is entered, the divorce process continues until the conclusion of the case. This order may address <a href="https://www.marble.co/blog/family/child-custody-and-visitation/legal-custody-vs-physical-custody" rel="noopener noreferrer">legal vs physical custody</a> arrangements until a final decision is made. While the divorce is pending, unless the temporary order is modified, the parties must comply with all terms of the temporary custody order.

Differences between temporary custody and permanent custody

While temporary and permanent custody orders address the same types of issues and arrangements, there are a few key differences between the two. In urgent situations, a parent may also seek <a href="https://www.marble.co/blog/family/child-custody-and-visitation/emergency-child-custody" rel="noopener noreferrer">emergency custody </a>if the child's safety is at immediate risk.Some of the defining characteristics of a temporary custody order are as follows:&nbsp;

The best interest of the child is taken into account but only based on the information available at the time of the temporary custody determination

May be more freely modifiable if new facts and evidence are discovered and provided to the court

Conversely, a permanent custody order is more appropriately defined by the following characteristics:&nbsp;

Provides a long-term solution that establishes an ongoing custody arrangement after the conclusion of the legal proceeding

Takes the full scope of available evidence into account, allowing for a more comprehensive understanding of the best interest of the child

Less frequent court involvement after entry of the final custody order

Modification is typically permissible only if there’s a material change in circumstances

Note that the specific differences between temporary and permanent custody orders vary depending on the laws and jurisdiction governing your particular matter.

Transitioning from temporary custody to permanent custody

The parties to a custody dispute typically handle the transition from temporary to permanent custody differently based on their individual goals and motivations.&nbsp; For example, from the perspective of the person who was granted temporary custody, there may be nothing that needs to be changed between now and the entry of the final custody order.&nbsp; On the other hand, the person not granted temporary custody likely sees things differently. They may want to modify the temporary custody order to:&nbsp;

Become the <a href="https://www.marble.co/blog/family/child-custody/primary-custodial-parent/" rel="noopener noreferrer" target="_blank">custodial parent</a>

Change authorized holiday or vacation scheduling

In either case, each parent must gather additional evidence and prepare arguments supporting that their position is what’s in the best interest of the child.

There’s no legal requirement that you must hire an attorney to represent you in any custody matter. Nevertheless, a knowledgeable and experienced attorney can provide a number of benefits for your case. For example, a family law and custody attorney can help you:&nbsp;

Evaluate a temporary custody order and determine whether and to what extent any modifications should be sought prior to the entry of the final custody order

Gather evidence to help support your legal arguments

Locate and prepare potential witnesses to testify on your behalf

Prepare any necessary legal filings and appear on your behalf in court

Advocate on your behalf and in the best interest of your child throughout the custody process

Custody battles are often complex and emotionally draining. If you’re not sure where to begin, speaking with an attorney may be a good first step to take.

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