Can Social Security be taken away for child support?

Social Security Benefits

Social security monetary payments are available in two forms: Supplemental Security Income, (SSI), and Social Security Disability Income (SSDI). Child support payments may be made by federal or state law. If a parent is disabled and unable to work, income may be taken from the parent. However, SSI doesn’t necessarily take funds from the person to pay for child support or spousal payments. This is to cover overages or current amounts owed to the other. To understand these issues and to supply the funds required by SSDI managed amounts, you must consult a lawyer.

Jurisdiction of the State

The jurisdiction that pays the payments to the minor child of a parent who receives disability income is typically the state in which the child resides. A hearing may be requested by the parent to present the case and determine if child support can be paid when the recipient is receiving SSDI. This could avoid undue hardship by requiring child support beyond what the parent can pay while on SSDI. You should consider all factors the state might take into account for these matters.

Things to Consider

A person who receives disability payments may have to explain or prove certain facts to the judge when requesting a hearing. He or she might have lost their job or are trying to find one. The disability could cause financial hardship for him or her, or require that he or she pay child support or more. He or she might need to explain how the disability affects his or her ability to work or find gainful employment. He or she may not receive Social Security payments that cover living expenses. This could lead to complications when applying for child support.

A parent who is disabled by Social Security may have to explain how much he or she gets from the Administration. The custody arrangements between parents may also be a matter of concern. The judge may be more attentive if there are other extraordinary expenses, such as medical issues, surgery, treatment, or any other circumstances. The support payments may be affected by changes in household expenses and child care. Depending on the circumstances, the cost of living can also change. An individual might need to retain a family law south surrey to explain these issues in court and increase the chance that the judge will listen.

Negotiating Child Support Issues

Many people living with a disability might need to negotiate payment arrangements. This can often be achieved through communication with the other parent. The disabled person might be able to lower child support payments if the parents reach an agreement. The income earned by one party may affect the amount of child support payments. The amount paid may be reduced if the other party earns more than before.

Income in some States

SSI may be considered income in some areas of the United States. These payments can be included in child support calculations. The judge may ask the individual to explain that SSI used for child support could cause undue hardship in financial affairs if he or she has no income. A lawyer may be needed to present the evidence, including bills and other payments. The individual must communicate any changes in the situation due to disability or loss of income.

Social Security Legal Support

A lawyer who is familiar with Social Security law will increase the chances that Social Security payments are left behind for the individual. The lawyer will protect payments from being transferred to ex-spouses for child support until the client can change his or her financial circumstances.