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CAN DISABILITY BENEFITS BE GARNISHED FOR CHILD SUPPORT PAYMENTS?

DISABILITY BENEFITS ARE SUBJECT TO GARNISHMENT FOR CHILD SUPPORT

Whether or not your disability benefits payments can be garnished for child support payments depends on what kind of disability benefits you receive. Social Security Disability Insurance (SSDI) is based on your work history. When you pay your employment taxes, you pay into SSA’s insurance program. Find out more about how many quarters of coverage you need for eligibility under the SSD insurance program.

Supplemental Security Income (SSI), on the other hand, is a disability benefit based on financial need, not your work history. Therefore, in order to be eligible for SSI benefits, you must have an eligible disability and meet a certain standard of financial need. This standard typically mirrors the welfare rules in your state.

WHY ARE RESOURCES IMPORTANT IN THE SSI PROGRAM?

The value of your resources is one of the factors that determines whether you are eligible for SSI benefits.  However, not all resources count for SSI.  If the value of your resources is over the allowable limit at the beginning of the month, you cannot receive SSI for that month.  If you decide to sell the excess resources for what they are worth, you may receive SSI beginning the month after you sell the excess resources. You may even be able to receive benefits while you try to sell the excess resources in certain situations.

WHY CAN DISABILITY BENEFITS CAN BE GARNISHED FOR CHILD SUPPORT PAYMENTS?

Because SSD disability payments are based upon your work history and are replacing your earnings, they can be used to pay off past due or current child support payments. Often, it can take up to two years for a disability claimant to obtain benefits. Therefore, a past due amount of disability payments may be owed to the claimant from the SSA. This past due benefit, which is a lump sum of disability benefits, can also be garnished to pay child support.  Typically, however, the state does not garnish the entire lump sum. Instead, the state garnishes a percentage of the back due benefit to pay toward past due child support.

Alternatively, SSI benefits, cannot be garnished to go toward child support payments. The reason is because the benefit is considered the minimum form of financial support for the disabled claimant. Find out more about children’s disability benefits here.

 

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WHAT ARE YOUR OPTIONS FOR PAYING CHILD SUPPORT WHEN YOU ARE ON DISABILITY BENEFITS?

If you are having trouble paying your child support while on disability, there are a few options available to you. First, you can attempt to modify your child support order. You should attempt to modify your child support order prior to an award of disability benefits. Many people think that they can avoid paying child support and still receive their SSD benefits. This is incorrect. In fact, your obligation to support your children comes first. Therefore, the state will garnish your benefits to support your children. This may leave you with very little money to live on.

It is wise to arrange to modify your child support order prior to your disability hearing. Consider how you will be able to afford to pay your bills on a monthly basis, based upon your disability benefit. To do this, you will need to use the court system presiding over your child support case, which is usually the state in which your child lives. At court, you’ll need to argue that your disability has created increased financial hardship. However, you are willing to pay your child support from your disability payments.

If you are able to communicate well with your child’s other parent, you might be able to negotiate a new child support agreement on your own. Either way, the wise choice is to arrange to pay your child support. This way you support your children and you are able to rely on a certain amount of disability benefits to support yourself.

HIRE A disability ATTORNEY to help with the date last insured

CANNON DISABILITY HAS THE EXPERIENCE TO WIN DISABILITY BENEFITS

At Cannon Disability Law, we have 30 years of experience representing clients with disabilities. Also, we have won thousands of disability cases. Don’t go to court without a Social Security Disability attorney. You need to hire a firm that is on your side and can help you win the disability benefits you deserve.

We offer a free consultation. Also, we can often tell you over the phone if we can help you win your benefits. We represent clients in Utah. Find out more about Utah disability benefits hereNevada benefits information can be found here. Idaho, California, Washington, Colorado, Arizona, and Oregon. Also, we can help you file your application for benefits on the Social Security’s website.

You need to hire an attorney without worrying about whether you can pay attorney fees. At Cannon Disability, we work on a contingency fee basis. This means if you do not win benefits, you do not owe an attorney fee. Therefore, hiring us to represent you creates no financial risk for you. When we win benefits, the attorney fee comes from your back due disability payments. Additionally, the SSA caps the attorney fee to whatever amount is less between  $6000 or 25% of the back due benefit. In the past 30 years, we have won over $100 million in ongoing and past due disability benefits for our clients. Put our legal experience to work for you.

THE REPRESENTATIVES AT CANNON DISABILITY LAW

There are many law firms that claim they practice Social Security disability law. However, most of those firms do other types of cases as well. For example, some firms practice personal injury or Worker’s Compensation law. Additionally, some firms handle disability cases just a few times a year. We don’t do that. Our firm only takes Social Security disability cases. Our representatives are in court every week before Social Security judges. We don’t practice any other kind of law. Our firm believes it is important to focus on Social Security cases, because that is our specialty.

It is hard to trust your future to a lawyer. We understand. That is why we include information about our attorneys on our website. Dianna Cannon has practiced disability law for the past 30 years. She has written a book about Social Security law. Brett Bunkall and Andria Summers have over 30 years of combined legal experience. Our whole staff works hard for our clients every day. We focus exclusively on disability law. Find out more about the representatives at Cannon Disability on About Us page. Contact Cannon Disability Law today and hire us to be your disability legal team.

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