If Social Security finds that you are disabled at a time when you owe back child support, your disability benefits can be partially reduced to pay that child support. This one of the few areas where disability benefits can be reached by creditors. As a general rule, Social Security disability benefits cannot be taken by anyone who claims that the Social Security disability beneficiary owes him money.
Does Not Apply To SSI
It is important to revisit the distinction between SSI and SSDI. Those Social Security disability beneficiaries who receive only SSI are exempt from having to pay back child support. The thinking here appears to be that SSI is at best a subsistence amount for those already impoverished. Any reduction would be too much.
Consider Modifying The Monthly Payments
If you are collecting SSDI, though, you could see some or all of your back benefits and monthly benefits taken away. Unlike with some student loans, being disabled does not discharge back child support. That said, you could go to court and ask a judge to reduce the amount you must pay each month. This will give you more money each month, but it will also extend the time it takes to pay off your child support obligations.
Auxiliary Benefits DO NOT Eliminate Past-Due Child Support
The child for whom you owe back child support may be entitled to Social Security disability benefits as a result of your disability. That said, these benefits are not a substitute for what you owe. Anything Social Security pays to your child is in addition to, and not in place of, your financial obligation.
Talk To A Local Family Law Lawyer Before Doing Anything
If you owe child support and are disabled, it makes sense to contact a local lawyer who deals in family law. There may be laws in your state that alter the basic guidelines regarding Social Security disability and child support.
