Do I Have to Pay Child Support if I Get SSI?

Posted on September 08, 2016 04:57pm
Do I Have to Pay Child Support if I Get SSI?

If you are getting a divorce and you and your spouse have children, then you may have questions about your child support obligation, especially if you are not currently employed and receive Supplemental Security Income (SSI).

SSI is a program administered by the Social Security Administration that provides monthly payments to low-income, disabled or elderly people who cannot work.

SSI Is Not Considered "Income" When Calculating Child Support

Parents with SSI as their only source of income cannot be forced to pay child support because SSI is not considered income when calculating child support obligation. These parents must inform the court that SSI is their only income and present a statement from Social Security to support their claim. If you have already been ordered to pay child support before you began receiving SSI, then you can ask for a modification of the child support order.

Disability and Child Support

On the other hand, you may still be responsible for paying child support if you are receiving Social Security Disability (SSD) payments because this is considered a form of income.

If you are earning a combination of SSI and SSD benefits in which your SSD is supplemented by SSI up to the minimum level of SSI payment, then it may be possible to argue that you should not have to pay child support on the grounds that you are receiving only as much as a person on SSI would get.

If you have further questions regarding your child support obligation, we invite you to contact an Oregon divorce lawyer at McKinley Irvin. Recognized as the Pacific Northwest’s premier divorce and family law firm, we have extensive experience handling cases involving complex child support matters. Because each case is different, we encourage you to speak with one of our attorneys about your exact set of circumstances so that we can advise you on your best course of action.

Schedule a consultation with a Portland child support attorney at McKinley Irvin. Call (503) 395-0244 or contact us online and we will connect you with the member of our team who is best suited to your case.

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