I Owe Child Support, Will That Affect My Social Security Disability Claim?

I Owe Child Support, Will That Affect My Social Security Disability Claim?

One of the most common questions we hear from disability claimants is “I owe child support. Will that affect my Social Security Disability claim?”  The answer depends upon several factors, including:

• Whether you are receiving SSDI or SSI benefits;
• Whether you owe current child support;
• Whether you owe back child support; and
• Whether you are entitled to disability back pay.

The good news is that owing child support does not automatically prevent you from receiving Social Security Disability benefits; however, it may affect how much money you ultimately receive.

Can I Still Qualify for Disability Benefits If I Owe Child Support?

Yes.  The fact that you owe child support does not prevent you from applying for or receiving Social Security Disability benefits. Social Security does not deny disability claims simply because a claimant owes child support.

Your disability claim will still be evaluated based upon:

• Your medical conditions;
• Your work history;
• Your medical records;
• Your functional limitations; and
• Social Security’s disability rules.

The real question is usually not whether you can receive benefits; the real question is:

“What happens to my benefits if I owe child support?”

What Happens If I Am Approved for SSDI Benefits?

If you are approved for Social Security Disability Insurance (SSDI) benefits, federal law allows those benefits to be used to satisfy certain child support obligations.

This means that:

• Part of your monthly SSDI benefit may be withheld; and
• Part of your disability back pay may be subject to collection.

This often comes as a surprise to disability claimants who have waited months—or even years—for a favorable decision, but it is something claimants should know.

What About Disability Back Pay?

Many successful disability claims result in substantial back-pay awards.  In some cases, the claimant may be entitled to benefits dating back many months before the approval decision.

If you owe past-due child support, some of that back pay may be subject to collection.

As a result, claimants should not automatically assume they will receive the entire back-pay amount.

What If I Receive SSI Instead of SSDI?

The rules are different for Supplemental Security Income (SSI).  SSI is a needs-based public assistance program designed to help disabled individuals with limited income and resources.

Generally speaking, SSI benefits are protected from child support garnishment because SSI serves as a basic financial safety net, it is treated differently than SSDI benefits.

What If I Receive Both SSDI and SSI?

Some claimants qualify for both programs.  These are often referred to as concurrent claims.  In those situations, the SSDI portion of the benefits may be subject to child support withholding, while the SSI portion generally remains protected.

Can My Children Receive Benefits Because I Am Disabled?

Possibly.  One issue many parents do not realize is that minor children may be eligible for dependent benefits based upon the disabled parent’s earnings record.  In some situations, those dependent benefits can affect child support calculations.

Because every situation is different, it is important to understand how disability benefits and child support obligations interact.

Many people hesitate to apply for disability benefits because they owe child support and fear they will automatically lose their benefits; fortunately, that is not how the system works.  You may still qualify for disability benefits even if you owe substantial child support arrearages; however, understanding how those obligations may affect your monthly benefits and back pay is important before your claim is approved.

If you have questions about SSDI benefits, SSI benefits, disability back pay, dependent benefits, or how child support obligations may affect your disability claim, don’t hesitate to contact the experienced attorneys at Powell and Denny today for a free consultation; and remember, virtual appointments are available through Zoom so you can meet with one of the attorneys of Powell and Denny from wherever you live, and that there is no fee unless you win.

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