How Child Support Can Affect a Recipient’s Disability Benefits
Posted on behalf of Dayes Law Firm PC on Apr 16, 2020 in SSD
Paying child support can affect your disability benefits in numerous ways, especially if you are late making payments. How child support obligations will impact qualifying for Social Security or obtaining disability payments will depend on the type of benefits you receive, how much you receive every month, and whether the court has ordered your wages to be garnished, among other factors.
If your disability claim has been denied, the Phoenix Social Security Disability lawyers at Dayes Law Firm may be able to assist. We are prepared to review your situation and discuss your potential legal options in a free consultation.
Disability Benefits and Child Support Obligations
If you have a disabling condition and are eligible for disability benefits, you still have an obligation to pay child support as mandated by the courts. These child support payments will likely continue until your youngest child turns 18 years old or graduates from high school, whichever comes later.
The courts do however understand that suffering from a permanent or long-term disability can prevent you from working and earning the same amount of money as before. In these situations, disability recipients may be able to get their child support payments modified. This would require asking the courts to lower the amount of child support you are responsible for based on your new monthly income.
Disability Benefits and Child Support Arrears
Many disability recipients often worry that the courts may garnish their disability payments if they owe arrears or late child support payments. This will depend on the type of disability benefits you receive.
Disability Payments That Can be Garnished
If you are receiving Social Security Disability Insurance (SSDI), the courts can garnish a portion of your monthly disability payments to fulfill your child support obligations. However, if you are receiving Supplemental Security Income (SSI), which are disability benefits issued to individuals with a low income, these payments cannot be garnished by the courts under the protection of the Social Security Act.
Being Able to Garnish Back Pay
If you receive back pay by the Social Security Administration (SSA) and you still owe past-due child support, the court can garnish this back pay to fulfill your child support obligations. It is important to note that the courts cannot take your entire back payment, only a percentage may be garnished.
Contact Us For More Information
If you are still unsure about how your child support obligations will affect your disability benefits, we recommend reaching out to our disability lawyers at our firm as soon as possible. We have helped many of our clients over the years apply for disability benefits or appeal denied SSDI or SSI claims.
Our consultations are free of charge and completely confidential. We charge no upfront fees unless you obtain the benefits you need.
We are available to take your call 24/7. 1-800-503-2000.