Swaney v. Wyoming Department of Family Services: The father was found to be entitled to credit on child support arrearages as of the date of the disability.
After the father was approved for Social Security disability benefits following child support order, and both he and the children received lump-sum payments for the period retroactive to the date father became eligible for benefits, as well as future monthly disability benefits payments, the father was entitled to credit on child support arrearages that had accrued as of the date of disability but was not entitled to a credit on arrearages that existed before the disability.
Reprint with permission.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her Web site.
But what if the breadwinner becomes permanently and totally disabled? Statistics indicate that the probability of disability is two to three times greater than the risk of death. The disabled individual not only loses their ability to produce an income but will continue to incur costs for their care and maintenance. The ordinary cost of care includes housing, clothing, nutrition, and the usual medical expenses. Unfortunately, there will probably be extraordinary medical expenses that may not be covered by medical insurance, such as long term-rehabilitation, renovating the home to accommodate the disability and caregiver expenses.