Miscellaneous

Can child support garnish your SSI?

Can child support garnish your SSI?

The Federal Government can garnish your SSDI (Social Security Disability) benefits to recover any money owed to it, i.e. back taxes or government backed student loans. SSI (Supplemental Security Income) benefits cannot be taken for child support, loan payments or taxes.

Which parent gets child’s SSI?

If you live with one parent, and get child support from your other parent, SSI counts two-thirds of the child support as income. Your parent gets $300 each month from child support. SSI counts two-thirds of that and reduces your monthly SSI check by $200.

Can IRS garnish SSI benefits?

Because the FPLP is used to satisfy tax debts, the IRS may levy your Social Security benefits regardless of the amount. This is different from the 1996 Debt Collection Improvement Act which states that the first $750 of monthly Social Security benefits is off limits to satisfy non-tax debts.

How are SSDI and child support payments related?

SSDI “derivative” benefits are available for some minors whose non-custodial parents receive SSDI payments. This is where the intersection of Social Security benefits and California child support payments gets complicated.

Is there a way to exclude child support from SSI?

This policy brief analyzes several options for increasing the SSI exclusion for child support. Excluding all child support from countable income would benefit all children who receive child support but would raise equity issues by allowing some individuals with higher income to receive a higher SSI benefit.

How does SSI child support affect a deceased child?

To treat child-support payments made on behalf of a deceased SSI child: Child support payments (including arrearage payments) made on behalf of a deceased SSI child are unearned income to the parent or other person who receives them. The one-third child support exclusion does not apply.

How does child support work in a divorce?

Divorce attorneys do not always know how child support payments made directly to the custodial parent interact (negatively) with “means tested” government benefit programs like SSI and Medicaid. In-kind alimony and/or child support should be considered in order to preserve government benefits.

SSDI “derivative” benefits are available for some minors whose non-custodial parents receive SSDI payments. This is where the intersection of Social Security benefits and California child support payments gets complicated.

This policy brief analyzes several options for increasing the SSI exclusion for child support. Excluding all child support from countable income would benefit all children who receive child support but would raise equity issues by allowing some individuals with higher income to receive a higher SSI benefit.

Divorce attorneys do not always know how child support payments made directly to the custodial parent interact (negatively) with “means tested” government benefit programs like SSI and Medicaid. In-kind alimony and/or child support should be considered in order to preserve government benefits.

Can a minor get Social Security if they are on child support?

This is where the intersection of Social Security benefits and California child support payments gets complicated. A minor can receive derivative SSDI benefits if the minor’s non-custodial parent – the parent who makes the child support payments – is an SSDI recipient.