Alexander City, AK asked in Child Support for Alabama

Q: If I am paying child support and become disable what can I do about the support until my disability starts in Alabama

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1 Lawyer Answer
William E. Scully Jr.
William E. Scully Jr.
Answered
  • Daphne, AL
  • Licensed in Alabama

A: You asked, "What can I do about (child) support until my disability starts..." It looks like you are asking, "What can I do to stop my child support from accumulating while my claim is pending?" The answer is, "Not much!" There are two parts of this problem. First, Alabama does not suspend or stop the child support obligation just because you are disabled. Your child support order will remain in effect the whole time the Social Security Administration is considering your disability claim. It will continue in effect even after your disability has been determined. Of course your kids will receive monthly disability benefits like you will. These monthly benefits will be applied to and off-set the monthly child support obligation. Usually, but not always, the amount of the disability benefits exceeds the child support obligation. So once Social Security starts paying, you will not need to come out of pocket for child support...even though the order remains in effect. The second part of the problem has to do with arrears. Under Alabama law, the excess of the Social Security benefit over the monthly child support obligation is NOT applied to any arrearage. If you cease paying child support while your disability claim is pending you will accumulate a pretty good arrearage. Your children will receive a lump sum of retroactive benefits just like you will. But in the month this lump sum is received it will far exceed the amount of child support owed in that month. It would seem that this excess should be applied to the arrearage that has accumulated while you were waiting on the Social Security Administration to make up its mind. You PROBABLY will receive this credit. But remember, the rule is that the excess of Social Security payments over the monthly child support obligation is NOT used to offset arrearages. Thus, it's not ENTIRELY clear that you will receive that credit. To my knowledge this issue has not been squarely presented to the Alabama appellate courts, so I don't know if there is a good answer. You are I a Catch 22. If you pay while your claim is pending you will be making a double payment. If you don't pay, then you MIGHT get your SSDI garnished (yes, child support is one of the few obligations that can result in a garnishment of your social security). So choose your poison. I should also note that if you are trying to get SSI benefits rather than SSDI benefits...just keep paying the child support. SSI Payments received by the child because of your disability do NOT offset child support. You should consult your family attorney about this matter. If you don't have an attorney already, I'll be happy to speak with you about this matter. While I have discussed the general provisions of the law, there are some exceptions. So you shouldn't rely on this note as a legal opinion. If you click on my name it will take you to my contact page. There you can find information on how to contact me, either by phone or by email. I don't charge for the first 30 minutes of an initial consultation.

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