Log in

View Full Version : I live in Florida I am applying for ssi and I am a father ordered to pay child support


jestill
Aug 28, 2012, 02:01 PM
I live in Florida and am a father ordered to pay child support I am applying for ssi for my learning disability if I should receive it will I still have to pay child support? My son will also be applying for ssi for his disability if he receives ssi what will happen to the child support if we both get it or just him?

Fr_Chuck
Aug 28, 2012, 03:50 PM
You will got o court show you lower earnings and have the child support based on the lower income. But if you have no income now ( assume you are not working and need SSI) then you should have little support to pay anyway if you have been to court to set it on earnings.

If your son receives that has nothing to do with your child support

jestill
Aug 28, 2012, 07:19 PM
I haven't worked in 2 years I was fired for something my disability affects I'm going to get ssi not ssd I heard they didn't take child support from ssi I will not be working so how does that work?

JudyKayTee
Aug 29, 2012, 07:04 AM
I havent worked in 2 years i was fired for something my disability affects im going to get ssi not ssd i heard they didnt take child support from ssi i will not be working so how does that work?

You need to go to Court and get the Order reduced or removed. The Law is:

"Parents who get SSI cannot be forced to pay child support. Parents who get SSD might be ordered to pay child support. Sometimes the SSD can count as the child support payment.

SSI is a government benefit paid to the elderly and disabled. It is for people who have not earned enough in the past to get Social Security Disability (SSD). SSI pays a set monthly amount. This amount is $545 per month in 2002.

If a parent’s only income is SSI, that parent cannot be forced to pay child support. Some courts may still enter a child support order, but will not enforce that order. Generally, however, a court should not enter a child support order against a parent whose only income is SSI. The Child Support Guidelines specifically say that SSI is not counted as income on the child support worksheet. By definition, someone who is getting SSI is unable to work because to be eligible for SSI you must be unable to work.

If you are the parent getting SSI, you should tell the court that your only income is SSI and you are unable to pay child support. You should get a statement from the Social Security Administration that you receive SSI, and give this statement to the court. If you have already been ordered to pay child support and then you began receiving SSI, you can ask the court to change your child support to $0."

Public Web (http://www.indianajustice.org/Data/DocumentLibrary/Documents/1062265714.96/view_article_publicweb?topic_id=1380100)