Child Support and Disability

[coolmomof4]

What is the name of your state? GA, but NCP and custody order is in NC

NCP (Biomom) has been living on disability for 9 years for depression and TMJ. She receives the SSDI, the one that does not have to do with previous work credit, because in the last 16 years, she has worked only 1 1/2 years. Less than half of that being full time.

She has been registered to substitute teach since March 1st and has only worked one day.

My question is, can child support be taken out of this type of disability, or only the income from the actual job she has? I'm curious because, in the past when she worked, she still never paid support (but there wasn't a court order either), and when my husband mentioned she should be paying something, she quit her job immediately, and never worked again. That was in May 2002.

 

[coosi]

SSI is the benefit NOT based on work credits.

Unfortunately:

http://www.pai-ca.org/newsltrs/issue69/CarisArt.html

SSI not subject to garnishment

Listing laws, cases and policies in support of Caris, Honig showed the court that:

• Caris should not pay any child support, since his only income is from SSI;

• Courts may garnish Social Security benefits (including Title II and SSDI) to collect unpaid child support, but not SSI benefits;

• State law and Department of Social Services (DSS) policy do not count SSI as income in setting child support; and

• Federal law, and Napa County’s own Family Support Division policy, forbid use of enforcement procedures (like driver’s license suspension) against people like Caris whose only income is SSI.

 

[coolmomof4]

SSI is the benefit NOT based on work credits.

Unfortunately:

http://www.pai-ca.org/newsltrs/issue69/CarisArt.html

Thanks Coosi,

I read up on so much of that last week that I got the two mixed up. She is on SSI, which as I understand is not open to garnishment. Thanks for your help.

It is very unfortunate. She is 36 lives with her parents and doesn't work or have bills, but can collect this money and not support her child. Amazing.

 

[coosi]

http://www.acf.dhhs.gov/programs/cse/pubs/2002/reports/essentials/c10.html

Social Security Benefits
Generally, Social Security Disability (SSD) payments are not subject to attachment or other legal process.[50] SSD benefits are, however, attachable for child support purposes.

The law provides that payments from the Federal Government are subject to income withholding or other legal process for child support purposes if based on remuneration for employment. Because SSD payments are considered to be based on remuneration for employment, they are subject to withholding.[51]

In contrast, Supplemental Security Income (SSI) benefits are not attachable for child support purposes. Both Federal law and regulations specifically prohibit withholding of this income.[52] This prohibition continues even after the benefits are deposited into the recipient’s bank account.[53] The basis for this conclusion is that SSI benefits are not based on remuneration for employment; rather, they are based on need. Some courts have held that SSI is a form of public assistance, intended to protect the recipient from poverty.[54]

Note that while SSI payments cannot be attached for child support enforcement purposes, some courts have considered them as income for the purposes of calculating the underlying child support obligation.[55]

You may have seen this. There is some good info here regarding judgements, contempt, etc