If you’re receiving disability benefits and have a child support order, you might be wondering: can child support be taken from disability? The answer depends on the type of Social Security benefits you receive.
In this article, we’ll explain how child support obligations can impact your disability payments, including whether your monthly checks or back pay can be garnished, and how auxiliary benefits might help offset what you owe.
Get the benefits you earned.
Can child support be taken from disability? In this article, we discuss:
Key Takeaways
- SSDI benefits can be withheld to satisfy child support obligations because they are based on your work history and earnings.
- Federal law allows child support withholding from SSDI benefits, including past-due benefits, although limits apply to how much can be taken.
- Auxiliary benefits may reduce your child support obligation. If your child receives Social Security dependent benefits based on your SSDI record, those payments may count toward your child support obligation, which may lower the amount you owe out of pocket.
Can child support be taken from disability?
Whether or not child support can be taken out of your disability check depends on whether you receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI).
If you receive SSI, your benefits cannot be garnished for child support. SSI is a need-based program, and federal law and regulations protect it from income withholding.
However, SSDI is treated differently. Because compensation is based on your earnings history, it is considered income for child support purposes. According to Section 459 of the Social Security Act, SSDI payments can be withheld to enforce child support obligations.
Most states count SSDI as income when calculating child support. If your current benefits are lower than the income you earned when your original child support order was issued, you may qualify for a reduced support obligation.
This garnishment doesn’t just apply to your monthly SSDI checks. It can also affect any past-due benefits you may receive.
Can disability back pay be garnished for child support?
Your SSDI back pay can be garnished for unpaid child support. However, under the Consumer Credit Protection Act, the following limits apply to how much can be garnished:
- 50% if you support another child or spouse
- 60% if you do not support anyone else
- An additional 5% may be garnished if your child support payments are more than 12 weeks late
However, you can reduce the amount you owe in child support by ensuring your child receives auxiliary benefits. We explain more below.
How auxiliary benefits can help
Auxiliary benefits, also known as family or dependent benefits, are additional monthly payments made to the spouse and children of a Social Security disability beneficiary. These benefits are based on the beneficiary’s work record and may also extend to ex-spouses and, in some cases, grandchildren.
For example, if you owe $600 per month in support but your child receives $500 in auxiliary benefits, you may only be responsible for the remaining $100, depending on your state’s laws.
These benefits usually continue until the child turns 18, or 19 if they’re still in high school. Once they graduate or turn 20, the benefits will end.
How Woods & Woods can help
Having a disability shouldn’t mean losing your peace of mind. At Woods & Woods, we help individuals with disabilities connect with legal help. If you’re seeking SSDI benefits, call us today for a free case evaluation.
Claim what you worked for.
Frequently asked questions
Depending on whether you receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI), your disability benefits may be withheld or garnished to fulfill child support obligations.
SSI benefits are exempt from garnishment by federal law, but SSDI is considered earned income and can be taken from your disability benefits.
If you receive SSDI, your benefits can be garnished for child support, but within the following limits:
• 50% if you support another child or spouse
• 60% if you do not support another child or spouse
• An additional 5% may be garnished if your child support payments are past due for more than 12 weeks
Lori Underwood
Lori Underwood received her law degree from Northern Kentucky University. She previously practiced Social Security disability and personal injury law and was a juvenile court attorney.
She has been an attorney at
Woods & Woods since 2014.
