Can Child Support be Taken From Disability?

It is already a daunting task for a noncustodial parent to pay child support to the custodial parent. The burden becomes even heavier for those who are disabled and heavily rely on disability payments. Many wonder if somebody can take child support from disability, and if so, what their options are. This blog post will cover all the necessary information you need to know about this matter. 


Explaining What Child Support Is and How It Works 


Child support is a regular monetary payment the noncustodial parent makes to the custodial parent who cares for the children. The amount the noncustodial parent pays is typically determined by state law, based on the child’s needs and the noncustodial parent’s income. California determines child support by a guideline calculation, which is based on the income of both parents, time spent with the children, and other factors. 


Can Disability Payments be Garnished for Child Support Obligations 

Disability payments can be garnished for child support obligations. Disability benefits are considered income, and if the noncustodial parent is not meeting their child support obligation, the custodial parent can seek to garnish the noncustodial parent’s disability benefits. 


What Are the Exceptions to Garnishing Disability Benefits for Child Support Payments 


There are a few exceptions to garnishing disability benefits for child support payments. If the disabled parent’s income does not exceed the minimum threshold allowed under federal law, they will not garnish. Additionally, certain disability benefits, such as Supplemental Security Income (SSI), cannot be garnished for child support. 


How to Protect Your Disability Benefits from Being Taken for Child Support  


If you are disabled and receive disability benefits but also have child support obligations, there are a few ways to protect your disability benefits from being taken for child support. One option is to work with the court and the custodial parent to modify your support order to take your disability benefits into account. Another option is to request a hardship exemption through the court, which may reduce or eliminate your child support obligation. 


What to Do If You Feel Your Rights are Being Violated and Your Benefits are Being Taken Unlawfully 


If you feel like your rights are being violated, and your benefits are being taken unlawfully for child support obligations, you should immediately contact a family law attorney. An attorney will review your case and help you file a motion to modify your support order or request a hardship exemption. 


Questions to Ask a Family Law Attorney About Child Support and Disability Payments 


When seeking out the assistance of a family law attorney, there are several questions to keep in mind. You may want to ask your attorney about how child support is determined in California, whether California can garnish disability benefits for child support, and what options are available to protect your disability benefits from being taken. You also may want to ask about the attorney’s experience and success rate in handling cases involving child support and disability payments. 


Choose Us as Your California Family Law Attorney 


If you are struggling with child support obligations and disability benefits, having a qualified and experienced family law attorney in your corner is essential. At the Law Offices of Judy L. Burger in California, we have a team of skilled attorneys who are dedicated to helping clients navigate complex family law matters. We have experience in handling cases involving child support and disability payments, and we are committed to fighting for our client’s rights. Contact us today for a consultation, and let us help you find the best solution for your unique situation. 

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