Child Support: Social Security Benefits vs. Supplemental Security Insurance

The issue surrounding social security benefits and supplemental security insurance continues to be a major question with custodial and non-custodial parents. Let’s clear up the confusion once and for all. Social Security benefits mainly refers to a field of social welfare concerned with social protection, or protection against socially recognized needs, including poverty, old age, disability, death, unemployment, involving families with children and others. Supplemental Security Insurance is a supplement to an individual’s income based on need. The purpose of SSI benefits is to reassure that the income of an individual is maintained at a level viewed by Congress as the minimum necessary for subsistence.

When Social Security Administration (SSA) benefits have been assigned to a non-custodial parent (who has retired because of age or disability) the benefits can be attached for child support. Child support cannot be taken from someone's social security benefits until the person begins to receive benefits.

A garnishment can be placed against a beneficiary's social security check to collect on a child support obligation even if the child has passed the age of majority. The custodial parent can request payment of back child support from the beneficiary’s social security check.

A court or administrator can order that the Social Security dependents benefits paid by SSA on behalf of a child replace child support. Until the order is changed, the state will probably have to continue to collect from the non-custodial parent, though. Some states require that child support be paid in addition to the Social Security dependents benefits that the child receives.

Supplemental Security Insurance (SSI) benefits cannot be garnished for child support. A judge/administrator might consider the income from SSI when setting child support. For more information about this, you can check with the state CSE agency through the link below or the Social Security Administration site at: http://www.ssa.gov

Visit http://www.ssa.gov/policy/docs/policybriefs/pb2004-02.html to learn the treatment of child support in the SSI program under current law.

According to the National Library of Medicine, “less than half of all children who receive Supplemental Security Income (SSI) benefits and live in a single-parent home receive child support services. Although filing for child support is a condition of eligibility for income assistance programs such as Temporary Assistance for Needy Families (TANF), it is not a condition of eligibility for SSI benefits. Requiring single custodial parents applying for SSI on behalf of their children to pursue child support payments might result in more children on SSI receiving child support, and since the Social Security Administration (SSA) excludes one-third of child support when determining benefit amounts, increased receipt of child support would enhance the financial well-being of SSI children. Improving access to data on child support would enhance the integrity of the SSI program by reducing overpayments to children receiving child support.”

If you are interested in learning more about filing for child support and your child is receiving SSI contact your local Social Security Agency. http://socialsecurity.gov.

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