Social Security Disability Benefits and Child Support

Untitled Design – 2025-02-28T152220.184

28 Feb Social Security Disability Benefits and Child Support

Posted at 20:26h in Social Security Disability, Social Security Disability Benefits, SSDI Lawyer by

Social Security benefits and child support

Becoming disabled and being unable to work will upend your life in a multitude of ways. One of these ways being a major impact on your financial situation. 

 

Many parents are unaware that under these types of circumstances, financial obligations like child support, could be reduced or changed. 

 

An indicator, and a legally recognized reason, you could qualify for a reduction in child support is being approved for Social Security disability benefits. 

 
Untitled Design – 2025-02-28T152220.184

Social Security Disability Benefits and Child Support

Social Security offers two different disability benefits. Social Security Disability insurance (SSDI) and Supplemental Security Income (SSI). 

 

How your child support amount is impacted depends on the type of disability benefit you qualify for. The amount is also dependent on the state you live in, as all child support changes must be made in state court.  

Child Support and SSI

In most states, SSI is not considered income for child support. The exceptions being Illinois and Florida.

 

To qualify for SSI, you must have limited income and assets. Because of this, most beneficiaries of SSI will be eligible for child support modification, some may not have to pay support at all.

 

If you are already paying child support, you will need to get the obligation amount changed in state court. 

 

Child support benefits cannot be taken from your SSI amount, or “garnished” in legal terms. 

Child Support and SSDI

Unlike SSI, SSDI is considered income for child support. Meaning that qualifying for SSDI can reduce your monthly child support amount, but it will not eliminate it completely. 

 

Since most states use income as one of the determining factors for obligation amounts with child support, you could be eligible for a reduction in your support amount -If your SSDI benefits are lower than what your income was when the amount was issued. 

 

Also unlike SSI, SSDI can be garnished to enforce child support or to satisfy unpaid support obligations. 

Child Support and Dependents Benefits

With SSDI, your child could qualify for dependents benefits. As soon as you are rewarded with SSDI you should apply. SSI does not provide any dependents benefits. 

 

In some states, these benefits are credited toward child support obligations. For example, if your child support is $500 a month and the child receives $400 in dependents benefits, you would only be responsible for the $100 difference. 

 

These benefits can also be used to cover past-due child support.

State Laws

While approval for SSDI or SSI could impact your child support obligations, you have to return to court to get these changes made. 

 

Each state has their own laws regarding child support agreements, payments and modifications. Working with a family law attorney who understands the laws and regulations of your state is a good place to start. 

 

 

If you are not currently receiving Social Security benefits, Victory Disability can help to start the process. Our team specializes in disability benefits and is available for assistance in all 50 states. For a free online evaluation, click here. 

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