Divorce and disability often bring significant financial implications for individuals, particularly when it comes to support payments. In the state of Massachusetts, the law carefully considers both disability benefits and divorce when calculating support payments. This article aims to delve into how these two factors can influence support payments in Massachusetts, ensuring a comprehensive understanding of the subject.
Unraveling Disability Benefits In Massachusetts
Disability benefits come in two major forms in Massachusetts, namely Social Security Disability (SSD) and Supplemental Security Income (SSI). The former, SSD, is a federal program that offers income to individuals unable to work due to a disability. On the other hand, SSI caters to disabled individuals with limited income and resources.
When it comes to support payment calculations, both SSD and SSI are regarded as income and fully considered in the court’s calculations. However, it is crucial to note that SSD may not be considered if it is either temporary or not deemed permanent.
The Influence of Disability Benefits on Support Payments
Including disability benefits in support payment calculations can significantly impact the total amount awarded. As disability benefits are considered income, individuals receiving such benefits are perceived to possess higher income than those without.
Interestingly, incorporating disability benefits into support payment calculations can potentially lead to a decrease in the obligation to pay support. This arises from the fact that the court may view disability benefits as a determining factor when assessing the financial resources of the paying spouse.
The Confluence of Divorce and Disability Benefits
Divorce can also exert an influence on an individual’s disability benefits in Massachusetts. Both SSD and SSI calculations involve considering the incomes of both spouses. Thus, if a spouse receiving disability benefits subsequently obtains a divorce settlement, this may have far-reaching effects on their benefits.
In cases where the settlement is considered as income, it can potentially result in the reduction or even loss of benefits. Additionally, if the settlement is classified as an asset, it might impact the individual’s eligibility for SSI. It is important to differentiate that property settlements and spousal support payments are typically recognized as income, while child support awards are excluded.
Seeking Modifications in Support Orders
If an individual’s disability status changes after a support order has been issued, it might be viable to pursue a modification to the existing order. Modifying support orders can also be requested in cases where there are substantial changes in circumstances, such as job losses or significant increases in income. Such modifications can lead to adjustments in the support order, either heightening or diminishing the amount based on the new circumstances of the parties involved.
In Conclusion
Looking at the context of Massachusetts, divorce and disability benefits can significantly shape support payments. The incorporation of disability benefits into support payment calculations can decrease the obligation to pay support while potentially increasing the support amount awarded. Moreover, divorce settlements can impact an individual’s disability benefits, potentially resulting in a reduction or complete loss of benefits. It is crucial for individuals to grasp their rights and responsibilities concerning support payments within the state of Massachusetts.