What happens to my children if their father recently stopped getting paid from his employer and is on leave without pay?

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What happens to my children if their father recently stopped getting paid from his employer and is on leave without pay?

I was receiving child support but now that he might retire early medically what happens to my kids?

Asked on December 2, 2012 under Family Law, Texas

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

It depends. For many courts, this will certainly be a major issue in terms of amending any existing child support orders. Much like when people are on full disability and landlords will never see that money because of certain laws, the same may hold true for monies owed in child support. While child support monies due are not dischargeable in bankruptcy, this is not a bankruptcy issue but rather a person who probably would not be able to pay. Instead, the court may direct you to apply for social security for the children, as the children may now qualify for social security and other benefits based on the disability of the parent.


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