It may seem confusing differentiating SSI and Child Support, and whether or not they can be received simultaneously. Here’s everything you need to know about whether or not a California child can receive SSI and child support simultaneously.
What is SSI or Supplemental Security Income?
In the State of California, Supplemental Security Income (SSI) is a benefit provided specifically to people with low income. For many people that are receiving SSI and happen to be disabled, this may be a primary source of income. Furthermore, for people resulting in very low child support payment calculations, the courts may not consider the SSI payments as income at all. SSI itself is considered a welfare benefit, rather than one that may be received as a result of retirement funds or pensions.
Related: Can Child Support Be Taken From Disability Benefits?
Due to the fact that the courts may not consider SSI payments as income, they may come to the conclusion that the child support payor has no income, thus, is unable to pay child support. Furthermore, if a noncustodial parent begins receiving SSI benefits and is already held to child support obligations, they must continue to satisfy these obligations even if their income has been reduced (as indicated by the receiving of SSI originally).
Can a child receive both SSI and Child Support simultaneously?
Parents on fixed incomes, such as social security, may have difficulty in affording child support obligations and responsibilities. Some disabled children receive benefits from the Social Security Administration, as well as child support from their respective parents. As a result, a valid child support order from a divorce or legal separation may affect the amount of disability the child is eligible for.
When calculating available SSI benefits, it is necessary for the Social Security Administration to take into account any income received by the child, including child support. As a result, the SSA reduces SSI benefits received by two-thirds of the amount of child support received (or one month of child support from their income). It’s important to note that this explanation is applicable for the social security agency’s classification of a child, which is an unmarried individual under the age of 18, or 22 if attending school. For disabled adult children receiving life-long child support payments, this calculation may differ in regards to what is considered to be income. In this case, the Social Security Administration considers the total amount of child support payments as a full income, rather than the two-thirds demonstrated with younger children.
FAQs About Receiving SSI and Child Support Simultaneously
In California, can I get Child Support from SSDI benefits instead of SSI?
SSDI differs from SSI in that SSDI (Social Security Disability Insurance) payments are seen as an income source. Thus, a recipient of SSDI benefits can essentially have their benefits garnished to pay off their child support obligations.
What are derivative benefits?
A derivative benefit is received by a child because of a parent’s disabling condition. This allows for the child to have additional income for living expenses, and essentially count as their own income.
How does the income of non-custodial and custodial parents differ when receiving SSI?
These two classifications of parents do not differ when receiving SSI. For both a non-custodial parent and a custodial parent, SSI is not counted as income when calculating monthly child support. However, for a non-custodial parent receiving SSDI, this will be counted as income and impact how much child support should be owed.
Related: Child Support FAQs in California
Contact Us
If you or a loved one have any more questions about whether or not a California child can receive SSI and child support simultaneously, contact us. Get your free consultation with one of our California Family Law Attorneys today!