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).
- However, if you were ordered to pay support and later start receiving SSI, you will have to file a Petition to ask for the court to stop the support. To find out which Petition you should use, see I can’t afford my child support payment. Can I lower the amount?.
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.
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