If you’re receiving Supplemental Security Income (SSI) due to a disability and you’re also subject to a child support order, you may be asking: Can child support be taken from SSI disability?
This is a critical question, especially for parents living on a fixed income in Michigan. At The Mitten Law Firm, we want to make sure you understand your rights, your obligations, and the steps you can take to protect yourself and your family.
Understanding the Difference: SSI vs. SSDI
Before diving into child support rules, it’s important to understand the difference between SSI (Supplemental Security Income) and SSDI (Social Security Disability Insurance).
SSI is a needs-based benefit designed for individuals who are disabled, blind, or elderly and have limited income and assets. You do not need a work history to qualify for SSI. In contrast, SSDI is based on your past work history and Social Security contributions. If you’ve worked and paid into the system long enough, SSDI provides monthly benefits if you become disabled. This distinction matters because SSI and SSDI are treated very differently when it comes to child support enforcement.
Can Child Support Be Taken From SSI?
The short and clear answer is: No, child support cannot be taken from SSI disability benefits.
SSI is exempt from garnishment for child support under federal law. That means if your only income is SSI, the government and courts cannot take money from those benefits to satisfy a child support obligation. This protection exists because SSI is considered a minimal survival income for people who cannot work due to disability and have no other means of support.
Additionally, SSI is not considered countable income when calculating child support in Michigan. Under the Michigan Child Support Formula, SSI should be excluded from income calculations. As a result, if you’re living solely on SSI, the court should not require you to pay child support from that benefit.
What If You Owe Child Support From Before Receiving SSI?
If you had a child support order in place before becoming disabled and starting SSI, you are still legally responsible for that obligation until the order is modified. However, once your income changes due to your disability, you are allowed to request a modification of your child support order.
This is a critical step. Even though SSI cannot be garnished, arrears (past-due child support) can still build up if the original order remains unchanged. To avoid this, you should file a motion to modify your child support as soon as your financial situation changes. Courts in Michigan recognize that SSI is not a viable income source for support payments and are generally willing to adjust or eliminate your obligation accordingly.
What About SSDI?
The rules are different if you’re receiving SSDI benefits. Unlike SSI, SSDI can be garnished to pay child support. In fact, federal guidelines allow a portion of your SSDI check to be taken for current child support and past-due payments.
The percentage that can be garnished depends on your situation. If you’re supporting another spouse or child, up to 50% of your SSDI benefits may be taken. If you’re only supporting the child in question, the court can garnish up to 60%. And if you are more than 12 weeks behind in your child support payments, the garnishment rate can go as high as 65%.
In addition, if your child receives dependent SSDI benefits as a result of your disability, those payments are credited toward your support obligation. In some cases, this can fully satisfy your obligation, meaning you may not owe anything out-of-pocket.
What Should You Do If You’re Receiving SSI or SSDI?
Here’s what to consider, depending on your benefits and circumstances:
If you only receive SSI, you are protected from garnishment, and your SSI should not be treated as income for child support. However, you should still formally request a modification of any existing support orders to reflect your current income.
If you receive SSDI, a portion of your benefits can be garnished. You may also want to verify whether your child is receiving dependent benefits and whether those amounts are being properly credited toward your child support.
If your disability caused a sudden drop in income, and you’re struggling to meet your child support payments, act quickly. Don’t wait for arrears to pile up. Filing for a modification early is key to avoiding further legal or financial trouble.
Michigan Law and Federal Protections
Michigan courts follow federal guidelines regarding SSI protection. The Michigan Child Support Formula Manual confirms that SSI should not be included as income in support calculations. This is consistent with 5 CFR § 581.104, a federal regulation that exempts SSI from garnishment for child support. The law recognizes that SSI is intended for the recipient’s basic needs and should not be diverted to other purposes.
Why Legal Advice Matters
Many people mistakenly believe they have no recourse if they can’t meet a support obligation, even when they’re living on disability benefits. But the truth is, you have options, and The Mitten Law Firm can help you navigate them. Whether you’re looking to modify a current support order or stop wage garnishment, our attorneys can guide you through the process step by step.
Your Rights On SSI/SSDI & Child Support
- SSI disability benefits cannot be taken for child support. These benefits are protected and are not considered income for support purposes.
- If SSI is your only income, you may not be legally obligated to pay child support, but you must still request a modification of any existing orders.
- If you receive SSDI, a portion of your check can be garnished, and any dependent SSDI benefits paid to your child can count toward your support obligation.
- Legal action is often required to ensure your obligations reflect your true financial circumstances.
If you need help modifying your child support or defending against improper garnishment in Michigan, contact The Mitten Law Firm today. We serve clients across Wayne and Monroe Counties and offer compassionate, experienced support for families navigating financial hardship and disability.