As a new feature on our blog we will be featuring guest bloggers to discuss other legal topics as they relate to personal injury.
So you're injured in an accident. That is terrible on its own, but on top of that you are no longer able to work. You also have a child support payment. What can you do?
In Pennsylvania, the answer is that, like to many other legal questions, it depends. Child support is an obligation on the part of the parent, and being injured does not absolve you from the responsibility to care for your child. However, your child support order may be modified based on your changed economic circumstances, caused by a changed earning capacity.
According to the case Crawford v. Crawford (633 A.2d 155) out of the Pennsylvania Superior Court, a Court may modify a support order "when the party requesting the modification shows a material and substantial" change of circumstances has occurred since the entrance of the original Order.
The implications of this for personal injury are important. If you are injured and out of work for a short period of time, usually less than a month, then you will likely not be entitled to a support modification. However, if you are injured and it has an enduring impact on your ability to work, then your support amount will likely be decreased.
You should not wait to file the request for modification: the Court will only look at your employment situation and earning capacity from the date that the request is filed. If you wait, and file the week before returning to work, then you will probably be out of luck. Therefore you should file for modification as soon as it becomes clear that you will be out of work for at least a month. There is usually a 60-90 day delay between filing for modification and the modification hearing. If your injury is short term, and you are able to work again by the time of the modification hearing, then the request for modification can be withdrawn. If you are still injured by the time the hearing occurs, then the Court may award you a modification.
Similarly, if you are receiving support and you suffer an injury, then you could potentially make a case for an increase in your support award. If your injury impacts your earning capacity in an enduring manner, then a Court may award you more money to be able to support yourself. Additionally, if you have high medical bills that you would be unable to afford, then you may also be awarded a support modification. You should be aware that personal injury lump sum payments, as well as payments from insurance settlements, constitute income for the purposes of calculating support payments.
The question of whether your support award will be modified in the unfortunate event of a serious injury is obviously a factual question that will be decided by the Court. Hiring an experienced family law attorney, as well as a knowledgeable personal injury attorney who will be able to develop your injury case in Court, will lead to a positive outcome in both of your cases.