Children are entitled to the financial support of both parents. As a parent with a disabling condition receiving Social Security Disability Insurance (SSDI) benefits, you can receive child support at the same time. Some conditions and restrictions may apply to your case, and the non-custodial parent’s financial circumstances will also dictate the amount of child support you receive.
The best way to understand how child support payments might affect your SSDI benefits is to let a Rutherfordton Social Security Disability lawyer clarify this tricky subject. An SSDI lawyer who offers free case reviews and a 24/7 helpline can help you get the timely answers you need.
How Your State Calculates Child Support Payments for Custodial Parents
Every state has its method of calculating child support payments. Some use a shared income model that assesses payments based on the income of both parents as if they were married and sharing a household. Other states determine child support based on a percentage of the non-custodial parent’s income.
If you are a custodial parent, and you receive SSDI benefits for a long-term disabling condition, you might be able to request an increase in how much child support you receive. A Social Security Disability attorney can help you understand your options.
Understand Your Eligibility for Social Security Disability Insurance (SSDI)
Getting SSDI benefits can be a long and frustrating process. In addition to the application for benefits, you must also provide personal and medical information to prove your eligibility.
According to Social Security Administration (SSA) guidelines, you qualify for SSDI benefits when you:
- Were employed in jobs covered by Social Security
- Have a qualifying disability that meets SSA’s standards.
- Earned the required number of Social Security work credits.
- Cannot do your original job or any other work.
SSDI benefits are also available to people with blindness and low vision. If a Social Security Disability lawyer represents you, they could help you submit a complete and accurate application. They can also help you understand how to get—and keep getting—the benefits you qualify to receive.
A Minor Child Can Receive SSDI Benefits
The child of an SSDI recipient could also be eligible for benefits if they are under age 17 or up to 19 years old and still in school. A child receiving these benefits can also receive child support from a non-custodial parent. Your lawyer will help you understand family benefits and your child’s right to support from both parents.
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Child Support Can Be Affected When the Non-Custodial Parent Receives SSDI
Unlike Supplemental Security Income (SSI) benefits, SSDI benefits are criteria-based, not need-based. Because the basis for SSDI benefits is your income while working, it does not typically impose restrictions on your cash on hand, bank accounts, or child support payments.
It is possible to receive SSDI and child support simultaneously with a valid child support order that is part of a legal action, including separation and divorce. Child support could also affect any SSDI benefits the child receives.
A Judge Can Modify a Child Support Order for SSDI Recipients
Child support can be affected if the non-custodial parent also receives benefits. They can request a modification of a pre-existing child support order based on their disability and modified income.
The SSDI benefits a child receives could be counted as income from their parent— meaning a court could use the amount the child gets to satisfy some or all of the parent’s child support obligation.
Here is what that could look like: If a child receives $500 in monthly SSDI benefits, the court could reduce a $700 per month child support order to $200. A $500 per month support order could be reduced to zero. A local SSDI attorney can help you understand the details and effects of your specific situation.
The Benefits of Working With a Social Security Disability Lawyer Near You
Navigating the Social Security Disability system can be challenging, but a local law firm will be familiar with this complex system and can help streamline your claim.
An SSDI attorney could:
- Clarify child support laws and calculations in your state.
- Carefully document the non-custodial parent’s income.
- Describe child custody and support laws in your state.
- Handle all paperwork, filings, and communication on your behalf.
- Document your qualifying disability with medical evidence.
Your lawyer will also check your SSDI application and other paperwork and evidence for administrative errors, errors of omission, and accuracy. Most importantly, they will provide you with peace of mind that you have met all required legal parameters for receiving SSDI and child support at the same time.
Your Lawyer Can Manage Your Case at No Upfront Cost to You
You do not have to manage the SSDI and child support processes alone out of concern for the cost of hiring a lawyer. If you are applying for, appealing, or modifying SSDI benefits, a lawyer could provide the legal support you need at no upfront cost to you.
Instead, your lawyer will cover all the upfront costs of your case and only receive compensation if you receive benefits. If you do not, you will not owe any legal or attorney’s fees.
Get Help Understanding What Affects Your SSDI Benefits
Are you the parent of a minor child, and are you or your child SSDI recipients? If so, you could also receive child support at the same time. A Social Security Disability lawyer with Farmer & Morris Law, PLLC can help you understand all the options that allow you to care for yourself and your minor child.
We aim to provide excellent legal representation for every client. See how we’ve treated others needing legal help, then contact our evaluation team today for a free review of your case.