New Boston, TX asked in Estate Planning, Family Law, Tax Law, Workers' Compensation and Social Security for Texas

Q: Does arears child support payments affect an adult disabled child's social security income?

I have a severe and profound intellectually disabled child who is 20 years old. She has no income and I her amount of ssi income is around 30.00 per month. I was told, because her father was now paying his arrears child support, it had to be counted as her income. Her arears child support was awarded to me because he never paid when she was young. the social security office said it would still be counted as her income. Therefore, her support was decreased from 740.00 per month to 30.00.

1 Lawyer Answer
Terry Lynn Garrett
Terry Lynn Garrett
  • Estate Planning Lawyer
  • Austin, TX
  • Licensed in Texas

A: Yes. Ask the court to enter an order that it must be paid into a special needs trust, an account with a master pooled special needs trust (such as the ARC of Texas Master Pooled Trust) or a combination of these with an ABLE account on which you have signatory authority (see Money in these does not affect SSI. If the total is up to $15,000, an ABLE account is the least expensive option. The ARC of Texas Master Pooled Trust is next at $600 to establish and $400/year to administer.

Note that the Texas Family Code provides that if a child is disabled, child support obligations are lifelong. If this is not part of the divorce decree, the disabled adult child (or her representative) can ask the court for a Qualified Domestic Relations Order to this effect.

1 user found this answer helpful

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.