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Disability and Child Support

Can my disability payments be reached to pay child support? The answer is yes. Any money that you receive, for disability, retirement or any other benefit or entitlement, if it can be sued to pay your personal expenses, will be included in your income when child support is calculated.

But what happens when my children get social security benefits as a result of my disability? In that case the amount the children receive will be added to your income when child support is calculated. For instance, if you get $2,000.00 per month in disability payments and you child receives $1,000.00, your income will be considered to be $3,000.00 per month when child support is calculated.

In this hypothetical example, if your calculated child support obligation is $1,000.00 or less, you will not have to pay any additional support, because the children are already getting the required amount or more in their social security payments. If your calculated child support obligation is more than $1,000.00, you will be required to pay the difference between $1,000.00 and the higher amount.

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