Most types of disability payments can be garnished if you owe child support. However, if you become disabled and your income drops significantly, you may be able to ask your judge to reduce the payments. In some cases, your children may also be eligible for cash benefits.
Child Support as a Debt
It is difficult to eliminate your obligation to pay child support. Child support cannot be discharged in bankruptcy and in many states the statute of limitations on collecting back child support is renewable. The fact that you are disabled won't protect you from your obligation to pay child support.
Garnishment
If you owe child support, your income and assets can be garnished (seized) to satisfy your debt. While certain types of income, including disability insurance payments, are often exempt from garnishment to pay off debts, child support is a different matter. Most income and assets can be garnished to pay court-ordered child support. If your benefits are garnished, you will probably receive a notice in the mail informing you of the garnishment action. The letter will also tell you what to do if you question the amount that you owe or the amount to be garnished from your income or accounts.
Disability Payments
Both private disability insurance payments and Social Security Disability Insurance (SSDI) are subject to garnishment to pay child support. However, Supplemental Security Income (SSI), a benefit program for the low-income elderly and disabled, cannot be garnished. If your bank account includes income from SSI and sources that can be garnished, you should contact the court, your bank and the agency that garnishes your money and inform them that your account contains exempt funds. Establishing a separate bank account for your SSI benefits can protect them against garnishment.
Reducing Child Support Payments
If a judge established your child support payments prior to your disability, you may be able to get your payments reduced. However, you should not stop making your required payments until you get a judge's permission to do so. You'll need to prove the reduction in your income to the judge. In some cases, a judge may insist that you are still capable of earning some income and may base your adjusted child support payments on what the judge thinks you should be earning. If you are truly unable to perform any work, be prepared to demonstrate this to the judge. Ask your doctor for documentation of your disability.
If you receive SSDI benefits, your minor children may be eligible for benefits as well, even if they are not disabled. Inform the judge about this so that she can make a considered decision about modifying your child support order.
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