Is SSI Income Exempt From Child Support Collection?
- Eligibility for SSI depends on qualification as blind, disabled or over 65. The SSI application requires investigation by the Social Security Administration and confirmation of assets and income. The medical portion of the SSI review goes to the disability determination service for the state and an independent determination of medical condition ensues. The claim returns to the Social Security Administration for approval and distribution of funds. The Social Security Administration subtracts any advances, expedited payments or state benefits paid during the wait for SSI and pays the appropriate agency before the claimant receives funds. This does not include child support payments.
- The federal government and the states insist that parents take responsibility for children and that the nonresident spouse aid the primary spouse with child support. The Urban Institute found that parents who pay child support are more likely to visit their children. States and the federal government work together to help the children by providing offsets to benefits from federal and state sources. State or federal tax refunds are subject to offset. So are federal payments to the parent. Because the government considers SSI a public assistance program and because the first $750 in payments is usually exempt, SSI benefits are not available for offset. You cannot receive forced child support from a parent whose only income is SSI.
- Supplemental Security Income is not the same as Social Security disability income. Social Security disability income funds come from the Social Security trust fund and the amount depends on the income of the worker during his lifetime. The maximum benefit payable for SSDI is $2,366 a month at time of publication. An individual receiving SSDI may have child support payments subtracted from his monthly payment, but children of SSDI recipients can receive benefits based on the disability of the parent as well. Some courts may consider this in lieu of child support payments. The child must be under age 18 or 19 if still in high school, unless the child is disabled.
- The federal benefit paid from the general revenue funds is $674 at time of publication, and some states supplement this with additional funds. If an individual has earned income for the month, income above $65 counts as an offset at 50 percent. If the individual earns $200 for the month, the Social Security Administration subtracts $65, leaving $135. Multiply $135 by 50 percent to arrive at $67.50 subtracted from $674 in benefits. Unearned income such as Social Security subtracts at 100 percent over $20, so $120 in Social Security means a loss of $100 in SSI benefits for that month. The SSI recipient who collects Social Security as well receives $694 a month in federal SSI and Social Security benefits -- an amount below the federal poverty guidelines at time of publication. This is also within the exempt income figure of $750 for benefits payment offsets.
Eligibility
Child Support
SSI and SSDI
SSI Calculations
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