I am disabled and get disability benefits. Do I still have to pay child support?

You should not have to pay child support if you receive Supplemental Security Income (SSI).

You may have to pay child support out of your check if you receive Social Security Disability Insurance (SSDI).

  • If you do not pay, Social Security can garnish part of your benefit. The largest amount they can garnish is 65%.
  • NOTE: If your child receives benefits on your record, then the court can consider that in deciding whether to lower your support amount. You will have to file a Petition to ask the court to change the amount of support you are ordered to pay. To find out which Petition you should use, see I can’t afford my child support payment. Can I lower the amount?.

Generally, your VA disability compensation benefit (service-connected) cannot be garnished to pay for child support. Exception: Your benefit can be garnished if you waived part of your military retired pay to receive VA disability benefits.

Still have questions?

If you live or have a case in Hillsborough, Manatee, Pasco, Pinellas or Sarasota counties, we may be able to help.

How do I apply? Am I eligible?