If I get SSDI benefits, do I still have to pay child support?

Question

Federal Law State's Laws on Child Support

Answer 1

If a court has ordered you to pay child support, you have to pay it. When you don't pay it, a liability accumulates against you, and a court could order a higher amount be garnished so that you can catch up on payments.

State laws usually allow for a challenge to child support. I was able to have mine reevaluated and reduced. The mother and I then took the excess money and began a college savings for my son.

The reduction was ordered based on large changes in income, both mine and hers. If you're out of work, you may be able to do the same thing.

Also, keep in mind that the IRS is the official federal collection agency for all federal debts, and court orders for child support is well within their jurisdiction. Fall behind, and you'll hear from them when tax time comes.

Answer 2

As a LEGAL matter, the issues are entirely separate. If the non-custodial parent was ordered to pay child support, the only way that changes is if the court changes it. No federal government payment steps in to supplant the court order. If he cannot pay the court-ordered child support, he will have to go back to court to get the order changed. If he doesn't, he may find his SSDI payment garnished and/or himself jailed.

Answer 3

SSDI doesn't mean you don't have the ability to pay child support. Receiving SSDI does not terminate the requirement to pay.

If your income has changed since the support level was set, you can apply to have it reconsidered based on your new income level.

Answer 4

well I hope so, just because you get SSDI benefits doesn't mean your child(ren) no longer are required to eat, have shelter. Your child(ren) deserve their support money.

Answer 5

Yes you do, although if the amount was set while you were working, you might be able to request that the amount be lowered when you are on disability.