The short answer? No.
Under Federal law, SSI payments cannot be garnished to fulfill child support payments. But, child support and disability benefit payments can interact. In our article, we’ll cover important distinctions that can help you protect your benefits and stay in compliance with court-ordered obligations.
Supplemental Security Income (SSI) is a needs-based benefit program for disabled individuals with limited income and resources. SSI is based on your current financial situation, and whether you are below the resource limit, not your past earnings or work history. Child support is the financial obligation that arises from family court orders that operates independently from your Supplemental Security Income status.
Most importantly, child support payments cannot be garnished from SSI. However, depending on your unique situation, a child or household receiving SSI can have their Supplemental Security Income status affected by simultaneously receiving child support payments.
- Supplemental Security Income (SSI): A federal program that gives money to people with disabilities who have very little income or savings.
- Social Security Disability Insurance (SSDI): A benefit for people who worked and paid Social Security taxes but are unable to work due to a long-term disability.
- Child Support: A court-ordered payment that one parent makes to help cover the living costs of their child.
- Garnishment: A legal process where money is taken directly from income or benefits to pay a debt (such as child support).
- Unearned Income: Money you receive that’s not from working, like child support, which can reduce the amount of SSI you get.
When Can Social Security Disability Payments Be Garnished for Child Support?
The two types of Social Security Disability payments are Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI). SSDI is based on your accumulation of work credits and earnings within the 10 years leading up to your long-term disability:
- SSDI can be garnished to satisfy child support payments.
SSI is based on your current financial situation and is designed to help people with little or no income meet basic living needs.
- SSI can never be garnished to satisfy child support payments.
Special Circumstances: When and How Child Support Can Affect SSI Payments
If You Are the Individual Making Child Support Payments
If you are required to make child support payments, your SSI payment benefits cannot be garnished and there is no impact to your SSI eligibility status. Generally speaking, courts do not count SSI benefits as income when determining your child support obligation, as SSI is not earned income.
If You or Your Child Receives Child Support Payments
If you have a child in the household receiving SSI payments, as the custodial parent, those payments count as unearned income and can reduce your SSI benefit payments. For a child receiving Supplemental Security Income, and if the child also receives child support, 2/3 of that support is treated as countable income, while 1/3 may be excluded.
For example: If your child receives $300 per month in child support, the Social Security Administration will count $200 (two-thirds) of that amount as the child’s income. The remaining $100 (one-third) is excluded. Because that $200 is considered countable income, your child’s monthly SSI payment would be reduced by $200.
What You Need To Know and Next Steps
Always keep diligent records of all the Social Security disability payments you receive, court ordered payments you receive, and/or court ordered payments you are required to fulfill. While SSI can never be garnished to satisfy child support obligations, recipients of both child support and SSI can have their benefit payment amount impacted. We recommend contacting a family law attorney within your state as they are best equipped for helping you understand the intersection of child support and Supplemental Security Income payments.