Tucson Social Security Disability Blog

Can My Disability Benefits Be Taken To Pay Child Support?

Posted by John Kuhnlein | Sep 27, 2018 | 0 Comments

If Social Security finds that you are disabled at a time when you owe back child support, your disability benefits can be partially reduced to pay that child support.  This one of the few areas where disability benefits can be reached by creditors. As a general rule, Social Security disability benefits cannot be

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Forget Something, Dad?

taken by anyone who claims that the Social Security disability beneficiary owes him money.

Does Not Apply To SSI

It is important to revisit the distinction between SSI and SSDI. Those Social Security disability beneficiaries who receive only SSI are exempt from having to pay back child support. The thinking here appears to be that SSI is at best a subsistence amount for those already impoverished. Any reduction would be too much.

Consider Modifying The Monthly Payments

If you are collecting SSDI, though, you could see some or all of your back benefits and monthly benefits taken away. Unlike with some student loans,

Judge
You Want What?

being disabled does not discharge back child support.  That said, you could go to court and ask a judge to reduce the amount you must pay each month. This will give you more money each month, but it will also extend the time it takes to pay off your child support obligations.

Auxiliary Benefits DO NOT Eliminate Past-Due Child Support

The child for whom you owe back child support may be entitled to Social Security disability benefits as a result of your disability.  That said, these benefits are not a substitute for what you owe. Anything Social Security pays to your child is in addition to, and not in place of, your financial obligation.

Talk To A Local Family Law Lawyer Before Doing Anything

If you owe child support and are disabled, it makes sense to contact a local lawyer who deals in family law.  There may be laws in your state that alter the basic guidelines regarding Social Security disability and child support.

About the Author

John Kuhnlein

Since 1992, I have been helping the people of Southern Arizona get the benefits they are due. Before devoting all my efforts to assisting people with Social Security disability claims, I also handled such complex lawsuits as medical malpractice and products liability. I brought to my Social Security cases all the skills and attention to detail that I developed in the courtroom. I approach each Social Security disability case as if it were a million-dollar lawsuit. For the people trying to get Social Security benefits, their claim is every bit as important. Because I have personally handled so many Social Security cases, I have refined the skills I need to win your case for you. I have helped people win cases for every kind of ailment from arthritis to valley fever. At present, I am focused on helping those persons with neurological and orthopedic disorders. Because claims for people over age fifty bring additional complications, I particularly seek out those cases to work on. I regularly write about back and spine conditions on my blog. I actively seek out the latest information about orthopedic and neurological disorders to ensure I can represent my clients as effectively as possible. Because of my current focus, I regret that I am not able to take any cases for mental disorders. If you are over age fifty and suffer from any orthopedic or neurological disorder, please contact me at once.

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John Kuhnlein has been assisting people with Social Security disability claims for the past 20 years.

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Feel free to call with any questions or concerns you have about Social Security disability. I never charge for a consultation. In fact, there is no charge at all until we win your case. Unlike most lawyers, I never charge extra for things like telephone calls or making copies.