can you get child support from someone on disability

Can Disability Benefits Be Garnished as Child Support? Whether you receive SSI or SSDI disability benefits will also factor into whether you'll be able to modify your child support obligation; SSI and SSDI are treated differently for child support purposes. This is true even if you move out of the state where you were ordered to pay the child support. Each state has unique laws that apply to its citizens, particularly with respect to matters that impact families and children. There are usually good reasons behind why restrictions exist for those on SSI and child support. This minority position usually results from a court relying on a statute that specifically says a parent has no such responsibility, or from historical cases that are binding on the court and prevent it from ruling another way. We all know that a parent has a duty to support his or her minor child. Many courts have held that a parent does not need to continue to financially support an adult child who has a disability if there is not a state statute imposing a duty to do so. Child Benefits in Lieu of Child Support. If the answer is “yes” to Question 1, does it matter when the child first became disabled? Child benefits may also be used to cover any arrearages (past due child support) you may have accrued after you became disabled. If you receive SSDI and have been court-ordered to pay child support (or alimony), your benefits can be garnished to satisfy your legal obligation.

To find out the attorney or advocate in your area who is responsible for the advertisement, click here. It may be helpful to explain to the other parent why you need the modification; for example, you could provide him or her with a doctor's statement about your condition. Disability Benefits and Child Support Disability benefits can help you pay your medical bills and everyday living expenses if you become disabled and unable to work. The family allowance is not used to satisfy any child support obligation. If the other parent asks for proof as to your inability to work, have at hand your disability award letter and a statement from your doctor regarding your disability and your limitations. Check your state’s laws to see how dependent child benefits and child support are handled, or speak to a family law attorney. Another option is to apply for social security dependent benefits for your child. Consent is not required to utilize our services. Because this article is intended to provide a general summary of the law concerning child support in the United States, you should contact a special needs lawyer in your state if you have a question about your situation. This is an Attorney Advertisement – Not an Attorney Referral Service Although it varies from state to state, here are some examples of factors that courts usually take into consideration when determining whether child support payments should be modified (either increased or decreased): Your state may use other criteria when deciding whether support should be modified, so be sure to check on this before asking for a modification.

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