Generally speaking, your Social Security benefits, whether they be SSDI or SSI, cannot be garnished by typical creditors. However, this does not include instances where you are ordered to pay child support, restitution, or alimony. In most cases, you have the option to file for a modification based on your eligibility for SSI or SSDI if that has reduced your overall income and your ability to sufficiently pay child support.
Our team is comprised of trusted and experienced lawyers that have helped multiple people just like you to understand and protect their rights. Call us today at (315) 500-6425 to answer your questions regarding SSI and how it affects child support.
What Are My Options?
There are a couple of aspects to consider if you are newly disabled and receiving SSI. You and the child’s other parent can attempt communication to resolve this matter, whether that be through mediation or personally. You may be able to come to an agreement that lowers the child support owed so that it doesn’t have such a profound effect on your new level of income. Some parents find it beneficial to offer non-monetary compensation, such as additional childcare if they are able to, in place of financial requirements. Providing ample documentation regarding your disability and the changes that have occurred in your life due to this can be beneficial to the negotiations as well.
How Do Modifications Work for Child Support?
In the event that communication with the other parent isn’t providing a positive result, you can file for a modification to your child support payments in the likely event that your income has been reduced based on your disability. Generally speaking, if the reduction in your income reflects 15% or more than it was prior to the disability, you have a good chance of receiving a reduction in the child support that you are ordered. This can allow you to sustain your livelihood while still fulfilling your requirements in the eyes of the courts.
Is Hiring a Lawyer Worth It?
Both parties are entitled to an attorney in these cases, and relying on a knowledgeable attorney can not only ease your mind but make sure the process is handled appropriately and justly.
We have multiple years of experience in dealing with these cases and understand how important these matters are to you and your family. We are happy to assist you with a free strategy session to discuss your specific details and how we can best be of help to you. Contact us at (315) 500-6425 today to learn more and get the process started.