What are the rules for collecting child support from someone who receives SSI/SSDI?

A parent who is responsible for paying child support cannot be forced if the person has been placed on Supplemental Security Income (SSI). This is a program that provides financial assistance to low-income people who are 65 years old or older, legally blind or disabled. Social Security Disability parents may be able to pay child support via a court order. The SSD payments may count as support payments if they are received from the child’s parent or legal guardian in certain circumstances.

SSI explained

There are often good reasons why child support and SSI restrictions are in place. Supplemental security income is only available to those who are considered old enough or disabled enough to qualify for it. This is related to SSD and Social Security Disability. However, those on SSI may not have earned enough to be eligible for SSD. These people are limited in their income and cannot afford to pay for government assistance that doesn’t directly benefit them. The court cannot force a parent on SSI to pay child support. Even if an order is made, it will not be enforced. Child Support Guidelines states that SSI does not count as income in child support worksheets.

The requirements for SSI payments require that the individual cannot work. These circumstances should be explained to the court to ensure that parents are not required to support their children. The Social Security Administration provides a statement to the individual explaining that SSI has been given. This document should be copied by the court. If a parent is ordered to pay child support but becomes disabled or too elderly to work, they can ask the court for a modification to the order.

SSD explained

Social Security Disability is a benefit that the Social Security Administration pays to those who are too disabled or old to work in gainful employment. An individual who is granted SSD is assigned an allotment according to how much they have earned during their work history. An individual who works long hours will receive more SSD. If someone is a parent and receives SSD, they may still have to pay child support. This is because of the person’s work history and how much they have earned in the past. SSD is considered income, not SSI.

When there are dependent children, there may be options to help with SSD. The Social Security Administration may pass benefits from SSD directly to the youth, in the same way as the benefits received by the parent. These benefits may be available to help with child support. It is worth applying for them. These benefits are often considered sufficient to pay the father or mother-child support obligations. If the child does not receive the amount required by the child support guidelines, then the parent will need to add these benefits to make up for the difference.

Social Security Lawyer

With SSD and SSI, a parent can ensure that child support is paid without having to work another job or fund additional projects. A social security family law lawyers surrey bc can help you allocate sufficient funds through benefits, or a combination of benefits and dependent benefits to ensure that your child is financially stable.

 

About the Author: Brandon Ward

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