If you receive Social Security Disability benefits and owe child support, you may be concerned about whether those payments can be used to satisfy a support order. The answer depends on the type of disability benefits you receive, and it’s important to understand the differences.
At Michigan Disability Lawyers, we help clients resolve the issue when child support obligations overlap with disability benefits. Below, we take a closer look at which benefits may be affected by a child support garnishment.
The differences between SSDI and SSI are important
Before discussing garnishment, it is important to understand how the law treats Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI).
Social Security Disability Insurance (SSDI)
- Based on your work experience and income
- Funded through payroll tax (FICA tax)
- Consider replacement income for lost wages
Supplemental Security Income (SSI)
- Based on financial need, not employment experience
- Funded by general taxation
- Designed to meet basic necessities such as food and shelter
This distinction is key to how child support is enforced.
Can SSDI be withheld for female support?
Yes. SSDI benefits can be used to pay child support. Federal law allows SSDI benefits to be considered “income” for child support purposes. Disability benefits that replace wages, such as SSDI, are considered income under the Consumer Credit Protection Act (CCPA) because they are compensation tied to prior employment.
How much SSDI can be seized?
The CCPA sets specific limits on the amount of child support that can be withheld:
- Up to 50% of disposable income if you are supporting another spouse or children
- Up to 60% if you do not support another spouse or children
- If payment is more than 12 weeks late, an additional 5% may be withheld
These restrictions apply nationwide, including in Michigan.
What counts as “disposable income”?
Disposable income is the amount remaining after deductions required by law, such as:
- Federal, state and local taxes
- Social Security and Medicare Contributions
Voluntary deductions, such as health insurance or pensions, are not deducted when calculating the amount that can be garnished.
Can SSI be withheld for child support payments?
Can't. SSI benefits cannot be used to pay child support.
SSI is not considered income under the CCPA. Because SSI is a need-based public assistance benefit and not a wage replacement benefit, it will not be garnished even against child support obligations.
This protection applies regardless of the amount you receive, whether you are delinquent on child support, and the state in which the support order was issued.
What happens to child support when a child receives SSDI supplementary benefits?
In many SSDI cases, dependent children may receive supplementary benefits based on the disabled parent's employment record. In Michigan, these payments typically count toward a parent’s child support obligation and, in some cases, can significantly reduce or even satisfy a parent’s monthly support obligation. However, crediting of ancillary benefits is not automatic. A court order or child support review may be required.
Will Michigan law change these rules?
Enforcement of child support in Michigan must still comply with federal law. Although a Michigan court ruled:
- Amount of child support owed
- How to execute a support order
They cannot exceed CCPA garnishment limits. If state and federal laws differ, the law with the lower garnishment must be followed.
What if you face a seizure or enforcement action?
If your SSDI benefits are being taken away, or you are concerned that you may be taken away, it is important to act quickly. Mistakes happen, especially when SSI and SSDI are confused, or when supplementary benefits are not accounted for correctly.
Michigan Disability Lawyers experienced disability attorneys can provide assistance in the following ways:
- Verify if your benefits are legally withheld
- Ensure garnishment amounts remain within federal limits
- Assistance in finding credit dependent on SSDI benefits
- Addressing issues of improper or excessive tax withholding
Get Help from a Michigan Disability Lawyer
Child support issues can be overwhelming, especially if you are already dealing with a disability. If you receive SSDI benefits and have questions about garnishment, enforcement, or your rights, a Michigan disability attorney is here to assist you. We understand how disability benefits intersect with child support, and we know how to protect the income you rely on.
Please contact us today by submitting an online form or calling our office at (800) 949-2900 for a free case evaluation.
