Can a Child Receive SSDI and Child Support at the Same Time?
Suppose you or your spouse receive disability insurance benefits through the Social Security Administration because of a disability. In that case, you are probably aware that your children are eligible to receive benefits. But can a child receive Social Security Disability Insurance (SSDI) and child support at the same time?
Well, the answer is yes. Some disabled children receive benefits from the Social Security Administration and child support from their parents after divorce. However, legal separation or a valid child support order can affect the number of disability benefits a child is eligible for in one way or another.
Before delving further into that, note that DoNotPay can help you file a demand letter for late child support payments. So, what does the administration consider as income when calculating the disability benefits a child should receive? Here are some of the things it considers.
Considerations When Calculating A Child's Disability Benefits
Understand that child support is the amount required to satisfy a child's needs, including food and housing. In the case of Social Security benefits, the Social Security Administration classifies support as unearned income for the child.
Additionally, the definition of a "child" is an unmarried individual under the age of 18 or not more than 22 years old if attending school. On the other hand, adult children are any disabled dependents that do not meet the definition of "child."
So, when calculating available SSI benefits, the administration considers any earnings a child receives. Note that the SSA reduces SSI benefits by two-thirds of the amount of child support received.
The implication is that the SSA excludes one-third of monthly child support payments from one's income when determining a child's SSI benefits. Therefore, the remaining two-thirds of support will count as income and reduce the amount a child can expect from the SSA.
Understand that the calculation is different if you have a disabled adult child that received life-long support payments. In such situations, the SSA considers the total amount of child support payments as income and not two-thirds.
Also, a child may lose any benefits they should access if they receive more than what SSA income guidelines stipulate. The calculation and benefits received are the two aspects that dictate whether a child can receive SSDI and child support at the same time.
What If a Parent Receives SSDI OR SSI?
The court takes the number of disability benefits into consideration when determining how much child support should be provided if a non-custodial parent receives SSDI. The reason is that SSA considers SSDI as income in the case of a non-custodial parent.
As such, these disability benefits are considered when determining the non-custodial parent's child support obligation, and state divorce laws govern this calculation.
Also, the court will not take into account the number of disability benefits when calculating child support if a custodial or non-custodial parent is currently receiving SSI. So, SSI is not treated as income, unlike the case of SSDI.
Can A Child Lose SSDI Benefits?
Even if a child can access SSDI and child support at the same time, they can stop receiving SSDI benefits due to the following reasons.
- Being convicted of a crime and spending more than a month in a row in prison
- When they start working
- Failure to update their new address with the Social Security Administration after moving
- Once their medical condition improves allowing them to resume work
- Failing to follow doctor-recommended treatments that will help them gain the ability to work
Steps to File A Demand Letter for Late Child Support Payments Using DoNotPay
Filing a demand letter for late child support payments can be challenging if you do not know where to start. If that is the case, DoNotPay can help you through the steps below.
- Search child support on DoNotPay and enter the details of the person who owes the payments.
- Tell us more about the payment schedule, including the amount and frequency of the payments, the last payment they made, and the number of missed payments, and how much they owe you in total.
- Confirm your contact information and select whether you want us to mail or email the letter on your behalf. Choose how you would like to receive the payment and verify your signature.
Reasons for Using DoNotPay to File A Demand Letter for Late Child Support Payments
- Fast – Saving on time is part of the advantages of using DoNotPay.
- Easy – When using DoNotPay, you do not need to keep track of all the steps involved in filing a demand letter for later child support payments. Also, filling out tedious forms is unnecessary in this case.
- Successful – You will access the help you need when you choose to use DoNotPay, which will promote success.
Child Support Guidelines by State
Although a child can get SSDI and child support at the same time, there are particular considerations that the SSA makes when calculating such benefits. The entire process for child support payments can be overwhelming as each state has different rules and regulations. Fortunately, DoNotPay has child support guides for each state.
Check out yours below:
What More Can DoNotPay Do?
DoNotPay can also help you with:
- Managing bills
- Filing a notice of intent to homeschool
- Suing anyone in small claims court
- Preparing financial aid appeal letters
- Taking care of divorce settlement agreement
- Accessing standardized legal documents
- Filing defamation demand letters
- Handling insurance claims
If you want to file a demand letter for late child support payments and get help with other legal requirements, sign up with DoNotPay today!