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
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • 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

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.