If you seek disability benefits while paying child support, you must consider that this may affect your monthly payments in numerous ways. This depends on the type of benefits you receive, court orders, and the payment amount you receive every month. Having a disability attorney weigh in on your situation is vital for your best chance at receiving benefits, which is why Disability Attorneys of Michigan is here for you. However, there are a few things to keep in mind about the SSD application while making child support payments.
If you have a disabling condition deemed eligible for disability benefits by the Social Security Administration (SSA), you are still obligated to pay child support as mandated by the courts. Child support payments will likely continue until your child turns 18 or graduates from high school. However, the courts understand that grappling with a permanent or long-term disability could affect your ability to work and make as much money as before to provide for child support. In this case, disability recipients might be able to get their child support payments modified. To do this, you must ask the courts to lower the child support you are obligated to pay based on your monthly income.
What Benefits Can Be Garnished by the Courts?
If you receive Social Security Disability (SSD), the courts can garnish a portion of your monthly payments to fulfill your child support obligations. Arrears or late payments may be garnished by the courts depending on the type of disability payments you receive. On the other hand, if you are receiving Supplemental Security Income (SSI), which are benefits specifically for disability recipients with a low income, those payments cannot be garnished by the courts as the Social Security Act protects them,
Could The Courts Garnish Back Pay?
If you receive back pay by the SSA while owing past-due child support, the courts can garnish this pay to fulfill your child support obligations. However, in this case, the courts can only garnish a percentage of your back pay and cannot garnish it entirely.
Need Disability Benefits? We’re Here to Help
Applying for Social Security Disability benefits is complicated as it is. It could be especially challenging to navigate when child support is factored in. That’s why we are here to help. Are you paying child support while seeking or collecting disability benefits? Let us walk you through the process for your best chance at being awarded the benefits you deserve. Fill out and submit a contact form on our website or call our office at 800-949-2900 for a free legal consultation today.