Support and SSI

What is the name of your state (only U.S. law)? CA

One child lives with me the other with my ex. She came to court to have the support modified. She claimed she could not work because a doctor had claimed she was not able to and she has applied for SSI. What should her income be calculated as...the court entered "0"? !!!

shykarz said:

What is the name of your state (only U.S. law)? CA

One child lives with me the other with my ex. She came to court to have the support modified. She claimed she could not work because a doctor had claimed she was not able to and she has applied for SSI. What should her income be calculated as...the court entered "0"? !!!

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If Mom is approved for SSI, then her income is effectively $0. SSI cannot be garnished.

TheGeekess said:

If Mom is approved for SSI, then her income is effectively $0. SSI cannot be garnished.

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More importantly, SSI can not be considered as income in setting CS obligations, per the link BL provided above.

mistoffolees said:

More importantly, SSI can not be considered as income in setting CS obligations, per the link BL provided above.

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Which still leaves Mom at $0.

TheGeekess said:

Which still leaves Mom at $0.

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Of course. But I didn't want someone to think that just because SSI couldn't be garnished that it couldn't be used in calculating CS. In OP's state, that's true, but not everywhere. It's important for readers to understand that there's a difference between "can't be garnished" and "can't be used to calculate child support".

mistoffolees said:

Of course. But I didn't want someone to think that just because SSI couldn't be garnished that it couldn't be used in calculating CS. In OP's state, that's true, but not everywhere. It's important for readers to understand that there's a difference between "can't be garnished" and "can't be used to calculate child support".

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I agree...but SSI is such a small amount of money that it hardly makes a difference.

LdiJ said:

I agree...but SSI is such a small amount of money that it hardly makes a difference.

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I just ran the numbers. Using the maximum SSI payment ($696 for an individual) for NCP and assuming that CP is minimum wage, monthly CS would be over $100 in CA if they could use SSI. Not a lot, perhaps, but could make a difference for someone with low income.

mistoffolees said:

I just ran the numbers. Using the maximum SSI payment ($696 for an individual) for NCP and assuming that CP is minimum wage, monthly CS would be over $100 in CA if they could use SSI. Not a lot, perhaps, but could make a difference for someone with low income.

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And if they used SSI at the calculation, can CSE use collection remedies like DL suspensions and jail time against the SSI receiver who is not paying by the court order?

Alex1176 said:

And if they used SSI at the calculation, can CSE use collection remedies like DL suspensions and jail time against the SSI receiver who is not paying by the court order?

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Technically they can, though some states/counties/agencies have policies about not using certain enforcement remedies on those NCPs who receive need based cash public assistance (TANF, SSI, etc.).

Alex1176 said:

And if they used SSI at the calculation, can CSE use collection remedies like DL suspensions and jail time against the SSI receiver who is not paying by the court order?

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Yes. That's why I wanted to make a distinction between garnishing SSI and using SSI numbers to set CS.

In CA, it's irrelevant because they can't do either, but in some states, SSI can be used to calculate child support, but can not be garnished. In that case, they can garnish other income (if any), seize tax refunds, seize bank accounts or inheritances, and so on. If that doesn't work, they can suspect licenses or, in some cases, order jail time. But the latter are only rarely used when SSI is the only income because it's easy to argue that there just plain isn't money to pay the child support and the non-payment isn't willful.

shykarz said:

What is the name of your state (only U.S. law)? CA

One child lives with me the other with my ex. She came to court to have the support modified. She claimed she could not work because a doctor had claimed she was not able to and she has applied for SSI. What should her income be calculated as...the court entered "0"? !!!

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What proof was provided to the court? Does she have an attorney working to obtain SSI on her behalf? When did she file? Why is she applying for SSI versus SSDI? Did she not work previously?