PDA

View Full Version : Do you have to pay child support if the child draws ssi?


nickie_smith
Oct 14, 2011, 04:55 AM
Do you have to pay child support if the child draws ssi?

JudyKayTee
Oct 14, 2011, 05:36 AM
If the Court says you do, yes, you do. I can only address NY where the parents are expected to support the child regardless of other benefits.

AK lawyer
Oct 14, 2011, 05:37 AM
Depend on which state you are in.


"... the vast majority of states that have considered the issue have concluded that SSI benefits may not be considered income for purposes of child support. ... A minority of states has concluded that SSI benefits can be considered income for purposes of child support. ..."SupportGuidelines.com | Supplemental Security Income and Child Support (http://www.supportguidelines.com/articles/art200404.html)

Oh. You are asking "if the child draws SSI". I'm pretty sure that would be a "yes". Child support is due to the custodial parent, not the chilld. And it is calculated based upon the income of the obligor (non-custodial parent) and the custodial parent. The income of the child is not part of the calculation, so I would expect so.

And, in any event, if the parent who is receiving the SSI in behalf of the child were able to exclude the SSI received, in calculating child support, if there is other income from either parent, some CS might very well be payable.

AngelaNicoleC
Dec 10, 2011, 01:57 PM
My son draws ssi now and I am no longer ordered to pay child support for him. And before he started drawing ssi I was ordered to pay child support to the person who had temparary custody of him because they drawed government benefits for my son... And this is in the state of Kentucky. But note that I did have to pay all my back child support that I owed back to the state for what he did draw from them before he began getting ssi benefits.

Fr_Chuck
Dec 10, 2011, 02:08 PM
Again, it may well be that you don't have other income other than SSI, which appears to be the case since you still had to pay any back support.

twinkiedooter
Dec 10, 2011, 05:04 PM
If the child is receiving their own disability check off the parent's disability income, then no. But if this is SSI and not disability that is not the case.