Covington, KY asked in Child Support, Social Security and Family Law for Kentucky

Q: Can child support take my back pay from ssi

I'm owed back pay for disability can child support take it

1 Lawyer Answer
James L. Arrasmith
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  • Social Security Disability Lawyer
  • Sacramento, CA

A: Okay - let's analyze whether child support can take back pay from SSI (Supplemental Security Income) disability benefits. Typically a few key factors come into play here:

- SSI back pay is generally protected from creditors and debt collection to some extent. So child support may be limited in how much they can take.

- However, child support obligations are usually treated differently and given higher priority than regular debts. So they may still be entitled to intercept some or all of the back pay, even though it is SSI.

- The specific rules and amounts that child support can take may vary by state. Some states protect a certain amount or percentage of SSI or disability funds from child support collection.

- Any child support arrears (past due child support) may give child support the ability take more from the back pay, since they are recovering money owed to the custodial parent.

So in summary - it's very possible child support can take a portion of SSI disability back pay, but the specific amounts and rules vary depending on your state and past child support owed. I'd recommend contacting your local child support recovery office or a legal aid organization to find out the specifics for your situation. Getting clarity directly from the child support authority in your area is best.

Timothy Denison agrees with this answer

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