If you are responsible for paying child support, you may have questions regarding Social Security Disability child support withholding and its specifications.
In brief, child support cannot be taken from Supplemental Security Income (SSI) recipients, but it can be taken from other types of benefits administered by the Social Security Administration (SSA) such as Social Security Disability Insurance (SSDI) recipients. Consider the following information to help you understand how your disability benefits may be affected.
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The Effect of Child Support On SSDI Benefits
In the instance that you become disabled and begin to receive disability benefits, your responsibility to pay child support does not end. As an SSDI recipient, you will continue to pay the child support that had previously been established by the courts. The SSA has the ability to withhold Social Security benefits to enforce your legal obligation to pay child support, alimony, or restitution.
Furthermore, by law, the SSA has the authority to garnish current and continuing monthly benefits. SSDI can be garnished because these are earned benefits to which an individual contributes over his or her lifetime. However, they do not make retroactive adjustments, and state laws determine the valid garnishment order.
In addition, if you owe past-due child support, and are entitled to back pay, which is paid as one lump sum, back pay can be seized to satisfy the debt owed. Your entire back payment will not be taken from you, but it is possible for a percentage to be garnished to comply with your child support agreement.
Why Is SSI Not Considered Income Regarding Child Support?
By federal law, SSI benefits cannot be garnished to pay child support nor past-due child support. SSI is a limited-assistance program and is considered to be a welfare benefit rather than an earned benefit because SSI is not something you contributed to through tax payments through your work history.
Therefore, the federal government does not consider SSI benefits to be income and they do not allow these benefits to be garnished from wages to pay child support. In fact, in some states, if you are a parent and SSI is your only source of income, you can be exempt from your child support obligations.
For example, in the state of Texas, the law specifically says that SSI is not income, and if a parents’ only income is SSI, he or she cannot be forced to pay child support.
However, you must inform the court that you are an SSI recipient and SSI is your sole source of income. In order to reinforce your claim, the court will require a statement from the SSA that proves you are an SSI recipient.
The required document is called a Social Security Benefit Verification Letter and it is a proof of income that states the benefits you receive from the SSA. Obtaining your benefit verification letter is easy, as you can call the main SSA phone line or go online to the SSA website.
Disability Apply Is Here For You
Without question, applying for Social Security Disability benefits can be complicated, and having many unanswered questions can be overwhelming. However, you have the power to change that right now by contacting Disability Apply. Our firm can support and guide you in every step of this complex process.
We specialize in helping applicants navigate the disability benefits process. We know the ins and outs of this process to assist individuals just like you. A professional team member is ready to answer all your questions and to help you solve any issues with Social Security Disability child support withholding. Contact us to find out more about all the benefits you are eligible for.
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