How does ssdi affect child support

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Our attorneys and staff will continue to offer client-centered services through the use of video conferencing, telephone, and other electronic means as necessary. As always, we are available via telephone, email, and our website. A few sources of income that are important to distinguish are social security disability benefits and supplemental security income. As will be shown below, for now, the law on this in Iowa is fairly settled and clear cut. Isaacs, P.

We will listen to your facts, explain the law, and help you create a pathway to economic and social justice. You will be glad you did. The definition includes these elements: Inability to do any substantial gainful activity employment Due to a medically determinable impairment physical or mental Which can result in death or last for a continuous period of at least 12 months.

State divorce laws govern this calculation. If a non-custodial parent or a custodial parent currently receives SSI, then the court does not take into account the amount of disability benefits when calculating child support.

A child might receive a derivative benefit because of a parent's disability. This provides additional income for living expenses. A derivative benefit counts as income. If the non-custodial parent receives disability benefits and the child receives a derivative benefit as a result, then the SSA subtracts the amount of the derivative benefit from any child support owed.

The remaining amount is then owed as child support. When going through a divorce , child support calculations can be complicated. Add in disability benefits and the complexity increases. When determining child support for individuals receiving federal disability payments, it's helpful to understand how federal and state law work together. Visit your local Social Security Administration branch or your court for further information.

This portion of the site is for informational purposes only. The content is not legal advice. The statements and opinions are the expression of author, not LegalZoom, and have not been evaluated by LegalZoom for accuracy, completeness, or changes in the law.

By Jennifer Kiesewetter, J.