Can You Still Recover Back Child Support While Receiving Disability Benefits?

Yes, if you qualify for disability benefits, you can still seek to recover the back child support that is owed to you. The Social Security Disability Income (SSDI) payments you receive can be garnished to pay back child support arrearages and future support payments if applicable.

Income Garnishment and Child Support Arrears

If you have child support arrears, the Department of Child Support Enforcement in your state can take a portion of your SSDI payments to cover those arrears. Typically, up to 50% of your monthly SSDI can be garnished to pay your child support obligations.

It is important to contact your state's Child Support Enforcement Office as soon as possible to inform them of your SSDI situation. This office can help ensure that a significant portion of your SSDI payments are directed toward your child support obligations.

SSDI and Child Support Obligations

Even if you receive Social Security Disability Income (SSDI), you are still obligated to pay child support if a court order exists. The payments from SSDI can be garnished for both backchild support (arrearages) and current child support payments.

Affecting Your Child Support Payments

If your child is still a minor and you receive SSDI, they may also qualify for Supplemental Security Income (SSI), which can affect future child support obligations. However, the back child support that is still owed will continue to be taken out of your SSDI until the balance is zero.

Proactive Steps to Take

To ensure that your SSDI payments are used to fulfill your child support obligations, you should:

Contact the Department of Child Support Enforcement in your state as soon as possible. Provide all necessary documentation to support your claim for child support arrears. Work with the court to establish a payment plan that prioritizes your child support payments. Set up a direct payment arrangement with the Department of Child Support Enforcement to ensure that your SSDI payments are promptly applied to your child support obligations.

Remember, SSDI is subject to garnishment for child support, spousal maintenance, and tax obligations if you owe them. This means that even if you have a right to collect your SSDI, the income can still be used to satisfy your financial obligations.

Conclusion

If you are receiving Social Security Disability Income (SSDI) and have child support obligations, it is crucial to work with the appropriate state agencies and courts to manage and recover your child support arrears. By taking proactive steps, you can ensure that a significant portion of your SSDI payments are directed towards fulfilling your financial responsibilities.