Child Support Payments and Social Security

When a parent who has been required to pay child support also receives Social Security, one or both parents may be confused as to how this works. There are certain permissions and restrictions on what can be garnished from Social Security payments. This is a guide about child support payments and social security.
Ad

Solutions

Share on ThriftyFunThis guide contains the following solutions. Have something to add? Please share your solution!

0 found this helpful
December 15, 2016 Flag

This is a guide about Social Security and back child support. Certain types of government programs can have their disbursements garnished for child support.

Photo of letters spelling out child support.

CommentWas this helpful?Helpful? Yes
Read More...

0 found this helpful
September 27, 2016 Flag

This is a guide about "Can SSI be garnished for child support?". Some state and federal assistance programs can be garnished to pay child support.

Ad

Family law folder on desk

CommentWas this helpful?Helpful? Yes
Read More...

1 found this helpful
March 14, 2014 Flag

It is my understanding that the following is true.

If you are divorced and have a dependent child and that child is receiving social security benefits, in most states, the benefit the child receives does indeed affect the amount of child support paid by the person responsible for paying child support.

Ad

I am a father, divorced and have a young child. He lives with his mom. I pay child support in the amount of $1,200 dollars a month. When I retire, my child will be eligible to receive approximately $1200 per month in dependent SS payments (my monthly SS benefit will be approximately $2,400.) The child is eligible to receive 50% of my benefit on his own. It does not affect my benefit.

What most states do. They add the total of the social security benefits my child will receive in a year to my annual income for child support amount calculation only. This is not taxable income, it is just added to calculate the child support amount.

The monthly payment from Social Security for the child is then deducted from my court ordered support payment, recalculated after adding the child benefit to my income for calculation purposes only. So if I was paying $1,200 a month out of my own pocket and the child's benefit from SSA is $1,200, I no longer have to pay child support. If the SSA child support is less than the court ordered support I must pay the difference. If it is greater than the court ordered amount I do not get a refund of the excess.

So social security benefits for a dependent child can reduce or eliminate child support payments for the spouse who is legally obligated to pay them by virtue of your divorce orders. You can not double dip or receive both.

The dependent child does not have to live with the spouse paying child support. The benefit is due the child regardless as it is the child's wherever he or she is residing.

I have read many responses to questions saying the spouse obligated to pay child support has to continue to pay the same amount despite any social security benefits the child receives. I believe that is not true, at least for children of retirees.

By Bill F

Related Content(article continues below)
CommentWas this helpful?Helpful? Yes
Read 3 Comments

January 24, 2012 Flag

Your child is eligible to draw social security if one of his or her parents draw. If it is less than the court ordered amount, the parent would have to pay the extra. The parent drawing SS can also go to court and get an adjustment in thier payments. Most of the time what SS pays the child is about half of what the parent draws.

If you call SS office or better yet, go there and they can answer your questions, Also, your County Atorney's office on child support can answer questions.

By HAPPYINHARNED from Harned, KY

CommentWas this helpful?Helpful? Yes
Read 1 Comment

1 found this helpful
January 31, 2012 Flag

My solution for problems with child support payments is that you must absolutely document EVERYTHING and keep that documentation until either the non-custodial parent dies and any children are over 18 or the end of time, whichever comes first.

CommentWas this helpful?Helpful? Yes
Read More...

1 found this helpful
January 6, 2012 Flag

In the case of SS benefits and child support etc, the answers are readily available from the SS office. Call the SS office or go on line to them with your question and your problem is solved.

CommentWas this helpful?Helpful? Yes
Read More...

Questions

Ask a QuestionHere are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community or ask a new question.

0 found this helpful
January 16, 2017 Flag

Social Security is sending money to the wrong child support account; what can we do? They won't give us any tracking information other that to say it went to the Sacrament office of child support. California, the originating jurisdiction, doesn't know where the funds are and keeps referring us back to Colorado, the jurisdiction of our residence. And Colorado child support can't get an answer from Social Security! Madness. What do we do and who can assist us in getting this taken care of?

AnswerWas this helpful?Helpful? Yes
January 16, 20170 found this helpful

If Social Security didn't make this error,'than you are a victim of identity theft. This is a case for the police department.

ReplyWas this helpful?Helpful? Yes

0 found this helpful
September 6, 2016 Flag

My ex just passed away this week. He was disabled and was paying child support thru his Social Security payments for my 11 year old son. I am disabled as well, so my son gets a Social Security check based on my work record. Can someone explain the process now that the other parent is deceased? Will my son be able to get a check from his dad's Social Security now that he's deceased? Or will his support check from his dad's disability just stop. I am so confused right now. I plan to go to Social Security as soon as possible. I just wondered if anyone had similar experiences.

AnswerWas this helpful?Helpful? Yes
December 6, 20160 found this helpful

My son was only 10 when his father passed away 4 years ago. I had just been declared disabled 6 months prior to that and at that time my son was receiving a check off of my disability benefits. After his father passed I had to make an appointment at my local Social Security Office. At that appointment they required a ton of paperwork and legal documentation. Once they determined that he was eligible they looked up how much my son would receive in survivors benefits from his father's social security. They then compared that with how much he was receiving from my disability benefits and whichever amount was the highest is the one he got. Your child can only receive benefits from one parent at a time regardless of the situation. Also, there are several "qualifications" that have to be met in order for a child to receive survivors benefits from a deceased parent. Two of the main ones are that there has to be legal documentation showing that the deceased parent was in fact the child's parent (fathers name on child's birth certificate, if the fathers name is not on the birth certificate then they require proof of paternity, etc)...The 2nd is that the deceased parent has to have a certain number of "work credits" throughout a certain number of years. If they don't have enough of both then the child would not be eligible for survivors benefits. To be honest it's a real pain to have to deal with and go through it all but to get the survivor benefits for your child is worth it. Losing a parent is hard enough without having to raise a child on you own financially. I hope I've been of some help.

ReplyWas this helpful?Helpful? Yes
Read More Answers

1 found this helpful
June 3, 2016 Flag

My ex-husband was just approved for disability (SSI) and is receiving one check for himself and one check for our daughter. Should I (she) get this check in lieu of child support? (or in addition to?) He has moved two states away and doesn't plan to see her much aside from a few weeks in the summer time, so I am not sure why he should be getting a check made out to her. Can anyone clarify for me? Thanks!

AnswerWas this helpful?Helpful? Yes
June 4, 20161 found this helpful

You should get the check for your child. He may have to pay back money. Call your SS office or go on line and see if they have an on line form to fill out.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
February 25, 2014 Flag

My son has autism. He receives SSI. I am in the process of getting a divorce. My soon to be ex wants child support for him. If she receives child support will it effect his SSI?

By bbcookie45

AnswerWas this helpful?Helpful? Yes
February 25, 20140 found this helpful
Best Answer

The amount of SSI a person, whether that person is an adult or a child depends on what other income there is in the house. Anyway that is the way it used to be. If it is still that way the child support will affect the amount of SSI your son receives. You should talk to your local Social Security Office.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
October 9, 2016 Flag

My ex and I have shared custody and since the divorce he has began receiving disability SS and receives a monthly check for our daughter also. My question is, since we do have shared custody, would I be entitled to half that check for my daughter?

AnswerWas this helpful?Helpful? Yes
October 9, 20160 found this helpful

Only SSA can answer your question. You can make an appointment with the local office and bring copies of all information with you to verify the custody agreement.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
January 22, 2014 Flag

My ex pays child support. He is court obligated to pay 70% of my daughter's medical. We have been divorced 13 years. I have never had his support raised. I remarried, so I never pursued him for his part of the obligation.

My current husband died last year. My daughter collects SS survivors benefits as his step-child. As a single mom, I can no longer pay her medical bills on my own. My ex carries insurance on her. He has an HRA which is always empty when she needs it, so I pay out of pocket. If I take him to court to raise his child support and try to collect on his part of her medical bills, will she lose her survivors benefit?

Will her benefits be calculated as my income, possibly lowering his child support obligation? I'm a full-time student with a part-time job, making $100 monthly. Our daughter is 16. He hasn't contacted either one of us since she was three. He just hangs up on me when I call.

By Carolina S.

AnswerWas this helpful?Helpful? Yes
January 23, 20140 found this helpful
Best Answer

I do not know which state you are in, but we live in GA. While raising a troubled Grandchild, we had to sue each parent for child support. As others here have suggested, your state's child support enforcement office should be able to handle having your ex's matters examined. They are able to garnish his pay and have the money sent directly to you. We were able to receive back support and medical expenses, as well.

You also can go, (plan to spend a long time), to the Social Security office. Your daughter's SSI may change if her child support is increased. Does she qualify for medicaid? That would cover her medical bills.

Also, try contacting the Patient Advocate Foundation. com.

They try to match you with sources that may be able to help you with medical bills and prescriptions. I wish you luck.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
June 4, 2016 Flag

My eleven year old daughter hasn't seen or heard from her biological dad since she was 16 months old. He initially threatened to "take her away" from me, but when I explained I would ask for child support, he lost interest, which was for the best as he was very abusive. As a result, I have never received a dime of child support from him or any government program. Recently it was brought to my attention that he is fighting stage four squamous cell carcinoma, and I'm wondering; if he files for disability, would I be able to make a claim for my daughter to benefits? Would he be privy to this if I did? Even ill, he would be spiteful enough to try to make my life a living hell if he thought I was taking away any of his control. Should I just wait to file after he's deceased, if that does happen? Or, if he should beat the odds and live a long, healthy life, could she sue him for back child support after she's an adult? Any and all help would be appreciated.

AnswerWas this helpful?Helpful? Yes
Anonymous Flag
September 5, 20160 found this helpful

You must go to SS with her BC and info. If he is not on it you will need a paternity test. You will not get anything going back if you dont file asap. I am in the same situation. My sons father was legally dead for 19 minutes. He and I were not on good terms at the time due to his GF . She filed his SSD and failed to put down he had a minor child. So I had to go and file for him. If I didnt my son would not have gotten the money he should have. And I also know how it is when they are abusive. only you know the answers, and he can not take your child. Near death changes people. do right by your child.

ReplyWas this helpful?Helpful? Yes
Read More Answers

1 found this helpful
June 6, 2012 Flag

My ex is collecting Social Security. He never paid me child support the whole time my children were growing up. He worked under the table all those years and I never could collect, so I put a 10% interest on the unpaid balance. Well Social Security is taking his Social Security from him to pay back support. Can they take all your money when you owe child support?

By Donna

AnswerWas this helpful?Helpful? Yes
December 3, 20130 found this helpful

I have a 5 year old and 7 year old. Their father has been collecting social security benefits for the last 5 years. Are my children eligible to collect, seeing as how he does? We do not live in the same home. I have sole legal and physical custody, and he has parenting time. We were never married. At the custody hearing the judge recommended I apply for them to collect, however, when I began the long process of trying to be approved I was told that they could not collect since their father wasn't collecting from his own benefits. Even though he has been found disabled with low iq and schitzophrenia, he is collecting his deceased fathers benefits for his disability. Therefore his children cannot draw a check.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
July 30, 2015 Flag

I am 8 months pregnant. Yesterday, the father quit his job and told me he would not be working "for a while" because he is trying to get SSI. His mom is struggling financially and so they are trying to convince his counselor that he is "unable" to work and I think she is falling for it. I am meeting with her next week. We had a written agreement he would pay for daycare and verbal agreement he would help with my rent, when I would not be paid, for the last month for my maternity leave.

When I asked him about that, he said I should give our baby up for adoption! I will, of course, find a way to pay for the daycare. I already cut off my cable and started saving even more, and am prepared to support this child on my own. I don't feel I should have to by myself or give my child away like he suggests.

Once my child is born, I plan to file for child support since he has been unstable and inconsistent for my last 5 months of pregnancy. I used a support calculator and it stated that he can use his mental illness to get out of paying even though he is perfectly capable of working! He has been working and/or in school for the past 3 years! Is this true? Has anyone else filed for child support while the non custodial parent was either applying for or receiving SSI? What was your amount? I make 2300 a month, but I have bills including rent, car insurance, daycare for my 8 y/o (300 a month) and daycare for this one will be (500).

AnswerWas this helpful?Helpful? Yes
July 31, 20150 found this helpful

A clarification in your questions:

It appears that you intend to apply for and expect to receive child support from SSI during the application and hearing process. This is not correct. Nothing is paid to anyone until a court hearing officer decides the father can receive SSI. The only SSI child support you might receive is only if the father wins his case and this will be many months and even years away.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
November 8, 2015 Flag

For the past 2 years my young son has been receiving $1000 a month from Social Security as I am collecting full Social Security. I also have been paying the courts $260 a week for child support which is $1040 a month. From what I have been reading I should not had to pay the the child support of $1040, but only $40 a month as she receives $1000 a month from my Social Security. Is this correct? And if so would I be entitled to credit in the back child support that I have already paid?

AnswerWas this helpful?Helpful? Yes
November 10, 20150 found this helpful

Social Security may be able to help you but you will probably have to talk to an attorney (maybe the one who helped you with your divorce) because the decision for any change may have to go through the court.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
February 6, 2015 Flag

My son is 18 and draws SSI. He gets a child support check from his father. The SSI is not much because he gets that support check. When my disabled son turns 19 am I required to draw directly the full amount from SSI which will be more of course if his father has no support obligations.

By Terry

AnswerWas this helpful?Helpful? Yes
February 7, 20150 found this helpful

Re SSI-Again, you must contact SSI about your son's benefit and any other SSI & SSDI questions. However, your son's father should continue to provide support payments for his adult totally disabled child. These payments would continue to reduce the SSI benefit unless the father is unable to continue payments.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
May 25, 2011 Flag

My husband and I have 3 children together. He has 3 children with his ex-wife. Two of his children with his ex-wife are grown (specifically 19 and 21). She has been on welfare for years.

My husband was injured and has not worked in 4 years. During this time he was fighting for Social Security. Now that he has been approved, they are taking over half his check to pay back child support and the 19 year old and youngest child are also getting SSI checks. I have lost my job and my children are the ones suffering. What can I do?

By jjfab from Portland, TN

AnswerWas this helpful?Helpful? Yes
November 3, 20150 found this helpful

Sounds like your the one that is being resentful Joan. Someone that think they are in love will not listen to you advising them to move on because the other party has a relationship with someone that has a child. jjfab, regretfully Joans one piece of advice about finding a job is correct.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
January 26, 2015 Flag

I have two children. I am on SSI disability and my daughter is on SSI disability. I am separated from their father. I am currently filing to receive child support. How much will that effect my SSI disability, how much will that effect my daughter's SSI and will it effect the amount of my son's child support? Thank you for any information.

By Angie B

AnswerWas this helpful?Helpful? Yes
February 7, 20150 found this helpful

My son receives child support in the amount of $573 a month. He only receives $189.00 from SSI because he receives this amount of child support. I was told if child supports ceases, my son will receive the full amount from due him SSI, since he has no other income and is totally disabled.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
September 3, 2015 Flag

If a child is receiving child support from the Social Security Administration, because the father is on Social Security will the father begin receiving the amount back for child support once the child is no longer eligible? Once the child turns 19?

AnswerWas this helpful?Helpful? Yes
September 4, 20150 found this helpful

Only SSA can answer your question. You can call or set an appointment with the local SSA office to address your question.

ReplyWas this helpful?Helpful? Yes
Read More Answers

0 found this helpful
August 15, 2015 Flag

I am the payee of my son's Social Security payments. I pay child support for my two other children. I was told that child support couldn't take it, because my son's Social Security has nothing to do with my other kids or child support.

AnswerWas this helpful?Helpful? Yes
Read More...
Load More
Categories
Business and Legal Legal Child SupportDecember 2, 2011
Guides
Couple getting SSI help.
Finding a Good Social Security Attorney
Family law folder on desk
Can SSI Be Garnished for Child Support?
Photo of letters spelling out child support.
Social Security and Back Child Support
Social Security Card
Filing for Social Security
More
🍀
St. Patrick's Ideas!
💘
Valentine's Ideas!
Facebook
Pinterest
YouTube
Contests!
Newsletters
Ask a Question
Share a Post
Categories
© 1997-2017 by Cumuli, Inc. All Rights Reserved. Published by . Page generated on January 17, 2017 at 12:43:15 PM on 10.0.0.74 in 2 seconds. Use of this web site constitutes acceptance of ThriftyFun's Disclaimer and Privacy Policy. If you have any problems or suggestions feel free to Contact Us.
Loading Something Awesome!