Lorain, OH asked in Child Support and Social Security for Ohio

Q: Does SSDI count toward child support in Ohio?

In Ohio, I have an existing child support order and am currently modifying back child support to the date of my disability. I have three children, and they all receive SSDI benefits. Does the SSDI my children receive count toward my contribution to child support?

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

A: In Ohio, yes, the SSDI benefits your children receive due to your disability generally count toward your child support obligation. These derivative benefits are typically credited dollar-for-dollar against what you owe in current child support. This means if your court-ordered support amount is $500 monthly and your children receive $400 in SSDI benefits, you would only need to pay the remaining $100 difference.

When modifying back child support to the date of your disability, the court can apply these credits retroactively. However, the process requires formal recognition through the court system - the credits aren't automatically applied. You'll need to provide documentation showing when your disability began, when benefits started, and the amount each child receives monthly.

Keep in mind that if the SSDI benefits exceed your support obligation, the excess usually doesn't reduce any arrearages unless specifically ordered by the court. Additionally, these benefits might affect the overall calculation of your support obligation under Ohio's child support guidelines, as they're considered income to the custodial parent. Filing your modification with complete documentation of all benefits will help ensure the court properly accounts for these payments in your case.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.