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Can i be required to pay child support even if child is getting ssi

Haines City, FL |

on disablity from v.a and ssi with no other income how can this be possible

Attorney Answers 3

Posted

Yes. If the child receives SSI, it will impact the amount of child support you pay, but you may still have to pay. The impact generally depends on why the child receives SSI. If the child receives SSI because you receive SSI, you should receive a credit against your child support for the amount of SSI the child receives that actually is available to the other parent.

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Asker

Posted

how can i pay child support to a person i am legally married to but seperated ?

Brent Allan Rose

Brent Allan Rose

Posted

Happens all the time. In fact, it's common for child support to be paid from one spouse to another while they're still married. The only rule is that child support is not due if the spouses still live together with the children. Otherwise, it doesn't matter whether two people are married or not. Child support is still due.

Posted

SSI for a child means the child has significant disabilities. And while some credit can be given by the court for the child having income, I suspect the court is not willing to reduce child support much for a disabled child - they need all the help they can get.

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Posted

Yes, you can be required to pay child support even though your child receives SSI benefits. The child support guidelines do not allow a parent to claim that the child's SSI benefits are to be deducted from the paying parent's child support requirements. In other words, your obligation is not reduced by what the child receives.

The benefit is the child's, independent of your income.

The fact that your sole source of income comes from your own SSI and VA benefits does not mean that you are not required to provide support for your child. All disability benefits you receive are treated as income in determining the amount of your support obligation.

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