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Can you lose your SSI payments to child support?

On Behalf of | Aug 1, 2023 | Family Law |

If you have a disability, you may qualify for special funding from the Social Security Administration.

Paying child support could potentially affect your benefits under the SSA, especially if you are late on your support payments.

Falling behind on child support payments

If you get into an accident or experience some other life-altering injury or medical condition, you could find yourself out of work and struggling to pay your bill. For those who are unable to work, Social Security Disability payments can help provide some financial assistance if you paid into the system while employed. Social Security Income provides assistance based on financial need. However, obligations to pay child support do not disappear with either program, and you can still fall behind.

Obeying your court order

Your child support obligations affect your eligibility for disability benefits. It impacts what kind of benefits you receive and how much you will receive. If you are in arrears or owe late child support, this negatively impacts your benefits. Wage garnishment for child support arrearage depends on which benefits you receive.

The Social Security Act protects against garnishment if you receive SSI payments, but it does allow the court to garnish wages from SSDI payments. If you receive any backpay after appealing a previous SSI or SSDI denial decision, the court has the ability to take a lump sum payment to help cover your past-due amounts.

You must continue to pay your child support order even if disabled. If you cannot meet the burden, you can petition the court for a modification and present your new financial circumstances.