Social Security Disability Attorney – Carroll County, VA
One of the most pressing challenges that many parents face when attempting to navigate child support matters is the issue of imputed income. At its most basic, imputed income refers to earning potential. A judge’s determination of each parent’s imputed income helps to determine how much child support is ultimately ordered in any given case. This can be tricky when a parent either doesn’t work at all due to disability or works in a limited capacity. It can be helpful to speak with an experienced Carroll County, Virginia Social Security disability attorney about any questions you may have regarding how your SSD benefits (or the SSD benefits awarded to your child’s other parent) may affect your child support arrangements. This is a challenging area of law. The legal team at The Law Offices of Mark T. Hurt can help.
Earning potential is not always a straightforward matter. For example, if a parent has a college degree and worked for a number of years following graduation, it would seem that the parent’s imputed income would be made fairly obvious by his or her standard wages. But what if that parent has taken several years off from workforce labor in order to stay home with his or her child? Can that parent’s imputed income be so easily determined now? What if the parent has developed a medical condition that renders that individual unable to work? Is his or her imputed income solely determined by the amount of Social Security Disability benefits received? This is where the legal guidance of an experienced Carroll County, VA Social Security disability attorney can come in handy.
It is worth noting that if a judge believes that a parent is purposefully failing to achieve his or her earning potential that this reality could factor into child support calculations. For example, if an individual has a master’s degree in education but chooses to make a living by tutoring kids after school for 12 hours a week that this individual will not likely be insulated from paying substantial child support. Unless extraordinary circumstances play a part in this individual’s choices, he or she will likely be held accountable for a reasonable amount of child support that might otherwise be ordered if that parent was working a job consistent with his or her educational background, skills and general availability.
Most of the time, judges aim to award child support based upon the best interests of the child under the assumption that both parents are employed to their earning potential. However, there are so many factors to be taken into consideration when determining imputed income that it is difficult to discuss the subject generally without context. Each individual parent’s situation must be taken into account as a whole. It is primarily for this reason that parents concerned about how earning potential is affected by SSD benefit status may affect their child support situation should consider speaking with a Carroll County, VA Social Security disability attorney.
Legal Guidance Is Available
If you have questions about how child support obligations and/or child support modifications are affected by SSD benefits generally, please consider speaking with an experienced Carroll County, VA Social Security disability attorney. Although a number of general child support guidelines are adhered to nationwide, many support-related laws remain unique to each state. As a result, it is generally a good idea to consult with an attorney in your home state about any questions you may have related to your specific circumstances. Once an attorney understands your family’s situation, he or she will be better placed to advise you of any legal options that may be available to you.