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Receiving Disability Benefits? Learn How They Affect Your Child Support Calculation

Thursday, August 18, 2016
Receiving Disability Benefits? Learn How They Affect Your Child Support Calculation

If you are going through a child support matter due to your pending divorce, and you're on or applying to be on Supplement Security Income (SSI), or are currently received Social Security Disability Income (SSDI), you may wonder how those benefits affect your child support. Here, we'd like to provide a little more detail on what to expect if SSI or SSDI will play a part in determining how much your child support may be.

SSI and SSDI Benefits and Child Support

When determining the child support obligations of a disabled noncustodial parent, SSI benefits do not count as income. However, Social Security Disability Income does not count as income. If there are Social Security benefits paid directly to a child based on the noncustodial parent's disability, that amount could offset the obligation of the parent to pay child support.

SSDI and SSI Income

If you are disabled, have very low income, have never worked or worked very little in your lifetime, you're entitled to SSDI. SSDI benefits are meant to be a replacement for lost wages, and because of that, it's counted as income when child support is calculated.

SSI benefits, on the other hand, are awarded based on low income and are not meant to replace regular income. Therefore, SSI benefits are not considered income when it comes to calculating child support amounts.

If you receive SSI but have additional income or assets, you may still be forced to pay child support. For more information, please contact our experienced team.


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