I'm a truck driver and my spouse receives SSI, I work on the road so most of my earnings are per diem. Do per diem earnings as it's considered non taxable have an affect on my spouse SSI ?
Per diem payments are not part of an employee's wages if the payment is equal to or less than the federal per diem rate and the employer receives an expense report from the employee.
If your employer includes it as income on your W-2, then it is community property income for your wife, and regardless of community property laws would likely considered deemed income of your wife for SSI purposes.
For educational purposes only - seek your own legal counsel.
Generally, a spouse's income if above certain limits will reduce the other spouse's SSI payments. You may visit the SS website for additional information, which may include a calculator to determine the effect which depends upon the amount of your income and your spouse's SSI income. You can also call the SSA, who are actually very good at answering this type of technical question.
This information is provided for educational purposes only, and is not to be relied upon as legal advice. You should consult with an attorney with full disclosure of all facts and opportunity to consider all or alternative options.
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