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ARTICLE · 21 JULY 2015

How Do Social Security Disability Benefits Affect Child Support?

Fox Rothschild LLP
Fox Rothschild LLP
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If your former spouse is receiving Social Security Disability benefits and is the payor of child support, it is important to know that your child is also eligible for certain benefits.

United StatesFamily and Matrimonial

If your former spouse is receiving Social Security Disability (SSD) benefits and is the payor of child support, it is important to know that your child is also eligible for certain benefits – known as SSD Dependency Benefits – and that they will have an effect on how much your former spouse must pay directly to you for child support.

Generally speaking, SSD benefits are meant to substitute for the lost earning power of a disabled worker.  Put another way, the SSD benefits are intended to help compensate you for the pay you're losing due to your disability and, therefore, your inability to work.  If you are unable to work, and you have children, it stands to reason that you will need help supporting those children while you're on disability.  This is the purpose of the SSD Dependency benefits.  While SSD payments belong to the disabled worker, SSD Dependency benefits belong to the child and are intended to help meet the child's current needs.

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