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Can Disability Be Taken For Child Support?
Posted in: Social Security Disability on August 24th, 2011

child supportThis is one of the few topics where the answers are decidedly different between Social Security Disability Insurance and Supplemental Security Income.  If you are receiving Social Security Disability Insurance, your monthly income through this can indeed be garnished for purposes of child support.  If you are on Supplemental Security Income, on the other hand, your income through the disability payments cannot be garnished.

Why The Difference?

The logic behind the disparity is that Social Security Disability Insurance is actually money that the claimant earned through work prior to becoming disabled by injury or illness.  This money was gained through taxes that were taken off the top of the claimant’s salary.  Thus, the money that was put into the system was earned originally by the claimant.  By this logic, the money that the claimant is “earning” through Social Security Disability Insurance is thus the claimant’s own income, and can be garnished for child support just like traditional income.

Supplemental Security Income, on the other hand, is considered public welfare and does not derive directly from a claimant’s earnings as Social Security Disability Insurance.  Thus, any income through Supplemental Security Income cannot be taken for the purposes of child support.  Of course, those who are on Supplemental Security Income should make every effort to stay on top of child support payments regardless, but due to Supplemental Security Income’s status as a public welfare mechanism, it cannot be legally taken away as Social Security Disability Insurance can be.  This can be important to know – dealing with either Social Security Disability Insurance or Supplemental Security Income as well as with the various child protection bureaus can be a challenge, to say the least!

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