Receiving disability benefits may raise some important questions related to child support. Here is everything you need to know about child support being taken from disability benefits in California.
Child support can be taken from disability benefits in California, but only if a parent is not paying their court-mandated payments completely and on time. This means that a custodial parent will not have to worry about the other parent losing their job due to a disability and not being able to pay child support anymore. There are certain circumstances in which the non-custodial parent receiving disability benefits might have to pay less child support in the future due to a lower income. Regardless, the custodial parent will still receive the child support that they need to raise their child.
What Is the Difference Between SSI and SSDI?
Social Security Disability Insurance (SSDI) benefits are given to workers who compiled a sufficient number of Social Security credits. It is compiled from an individual’s earning record, so it is essentially considered income. It is an insurance benefit paid for from payroll tax deductions from an individual’s income.
On the other hand, SSI benefits are given to people with little to no income who either have not worked or have not earned enough credits for SSDI. This means that Supplemental Security Income (SSI) is essentially a welfare benefit, and does not derive from an individual’s previous earnings.
Can Child Support Be Taken From Disability Benefits in California?
For parents worrying they are going to lose their child support from a spouse that just went on disability, there is no need to fret. The law surrounding these issues protects involved children. If the custodial parent is already receiving child support from the other parent who is now unemployed and on disability, the custodial parent will still receive the money their child needs.
SSI benefits cannot be seized to pay for child support, as they are not considered income. Odds are, if a parent is unemployed and receives SSI, then the custodial parent is probably not receiving child support from them anyways. Thus, there would be no change to incoming payments. However, since SSDI payments are considered income, those awarded SSDI are able to use those benefits to pay child support. In California, a parent’s SSDI benefits can be seized if they fail to pay their monthly child support completely and on time. As long as a parent pays child support as ordered by the court, they do not need to worry about their disability payments being readjusted or modified.
Related: Cost of Child Support in California
FAQs About the Effect of Disability Benefits on Child Support, and Vice Versa
If I go on disability, will I still be required to make child support payments?
Yes, any parent that goes on disability will still be required to make child support payments. The new circumstances will not change the amount of money owed to the custodial parent.
What if I can no longer afford to make my child support payments?
If a parent on disability can no longer afford to make their child support payments, the money will come out of one’s disability benefits. However, if a non-custodial parent goes to the court and shares their new, lower-income amount, there is a chance that the court could lower the amount of child support owed per month.
Will my child support arrears be adjusted based on my lower income?
If an individual owes back child support, then that number will not change with a lower income, even if the amount that will be owed in the future is lowered. Any modifications to future payments have no effect on the amount that should have been paid in past years.
Related: Back Child Support Laws in California
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