Social Security And Child Support Payments ExplainedDisability can strike anyone at anytime and that includes parents. Many parents are finding themselves disabled and unable to work. For someone who is divorced or separated from the custodial parent of their child, this may mean they are responsible for paying child support. There are some special considerations when it comes to social security disability and child support. It's important that those affected understand this completely. There are two types of social security disability. One is SSDI and this is restricted to individuals who have worked and now find themselves disabled. The other is SSI which is a form of benefit for individuals who have never worked. The latter is often viewed as a form of social assistance. If a parent is on SSDI and is responsible for paying monthly child support payments, there is a chance that the payment can be taken from their SSDI proceeds. In order for this to happen, the custodial parent must prove that the disabled parent hasn't been making their child support payments. The claimant's SSDI payment can then be reduced to reflect the payment being removed and sent to the custodial parent. In the case of SSI, the custodial parent has no right to any of the proceeds from the disability benefits. They can also not have any back payments they may be entitled to, taken for this reason. That's not the case with someone on SSDI though. If they have been unable to make their child support payments for several months because of the appeal process related to their disability claim, they may have see their back payment handed directly over to cover the missed child support payments. They opposing spouse will typically retain a lawyer who will file the necessary documentation to ensure that happens. Claimants would do well to note that when they initially apply for SSDI benefits they are asked to provide any pertinent information about dependent children. This is vitally important because the children of someone who is eligible for SSDI payments may also receive a benefit. In the case of a parent who owes child support, there are some states in which this SSDI payment made directly to the child covers or offsets the child support payment that is required by law. If a claimant is unsure about their rights in regard to their SSDI and their child support obligations, consulting with an attorney is a wise idea. Although it's incredibly important that the claimant live up to his or her parental responsibilities, it's also imperative that they understand what rights they have in regards to this. SSDI can be a complicated process in itself and when combined with the issue of child support, having legal guidance is always a good thing. |