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Will My Disability Benefits be Used Toward Child Support?

Will My Disability Benefits be Used Toward Child Support?

When you file for disability benefits, you may be concerned about your child support responsibilities as well. You may have questions about how much of your benefits will be taken to add to child support payments and if you have a choice whether they do or not. You will find that a number of issues arise from a situation involving social security benefits and child support. Here are some common issues you may have questions about.

Do I have to Continue Paying Child Support if I am on Disability?

You are still responsible for paying child support even if you become disabled and receive assistance. The mandatory payments set by the court still apply.

What Happens When I Can’t Afford to Pay?

Being disabled and keeping up with various bills can be extremely stressful, especially if you can’t afford them. If the amount of your assistance is notably below the amount you used to make before you became disabled, then you can request your payments be modified. You will have to submit a petition to the court to lower the payments based on the new amount of income you receive from your benefits.

Will Any Back Child Support be Modified Based on New Income?

The amount that you owe prior to filing for a modification will not be affected by an adjustment. The modifications approved by the court will not include a reduction in your past due payments.

Can My Disability Check Be Taken?

Garnishment may be a possibility depending on the type of benefits you receive and the status of your child support payments. SSI (supplemental Security Income) disability is typically given to low income earners and they cannot be garnished. However, SSDI (Social Security Disability Insurance) payments can be garnished to pay past due child support.

Can My Back Wages Be Taken for Child Support?

If you owe child support and you are eligible for back wages, your wages may be taken to fulfill your back payments. While the entirety of your wages will not be garnished, a portion may be in order to pay off your debt.

Will My Benefits Replace My Owed Child Support?

Your children may be able to receive assistance under your name when you receive disability benefits. Unfortunately, people believe that any payments a child receives under a parent’s name count as a child support payment. That isn’t true. Child support payments are not satisfied by family allowance and money that your children obtain through disability benefits are separate from the amount you pay in child support.

Living with a disability and still having financial obligations like child support can be hard to sort out by yourself, and you may have a difficult time because you aren’t earning what you did when at work. If you aren’t sure what you will be required to pay while receiving disability benefits, it is wise to consult a professional. Consult an experienced attorney such as the disability lawyer Memphis TN locals turn to.


Thanks to authors at Darrel Castle & Associates PLLC for insight into Workers’ Compensation Law.