If you pay child support pursuant to an Illinois court’s order in connection with a divorce or paternity case, you know how critical it is to comply with the terms. However, even when you understand your obligations and fully intend to live up to them, health-related circumstances can have a significant impact on your ability to support yourself – which also affects your ability to pay child support.
Fortunately, you may qualify to receive benefits under the federal Social Security Disability Insurance (SSDI) program if a disabling medical condition renders you unable to work. In such a situation, many individuals in your position wonder: Can child support be taken out of SSDI?
In short, the answer is “Yes,” and a Chicago child support lawyer can explain how the relevant laws apply to your circumstances. An overview of the basic legal concepts may also be helpful.
Overview of the SSDI Program
SSDI is one of two disability programs administered by the Social Security Administration (SSA) to provide financial support for individuals who meet strict eligibility rules. To receive SSDI benefits, you must meet two (2) criteria:
- You must suffer from a medical condition preventing you from earning a livable income, and it is expected to last for more than one year; and,
- You must have a sufficient work history, during which time you accumulated work credits. It is through these work credits that you pay into SSDI, which is a type of insurance program. You pay your premiums through mandatory deductions from your paycheck.
Special Considerations on Child Support and SSDI
Becoming disabled does not change your obligations under a child support order. You still have a duty to make payments, and your SSDI benefits can be garnished to fulfill the financial requirements. In addition, you should note:
- If you are approved for SSDI benefits that include back due amounts and/or a lump sum benefit, these can be garnished to pay child support.
- Your benefits cannot be garnished if you receive Supplemental Security Income (SSI), which is a needs-based disability program.
- The SSDI program does offer benefits for dependents, so it may be possible to obtain additional amounts to support your child. SSDI benefits for dependents does not change your child support obligations, but they may provide a secondary source of funds.
Filing a Petition to Modify Child Support
If you are approved for SSDI benefits, you probably have grounds to ask the court to modify the child support order currently in effect. In Illinois, you must prove you have experienced a substantial change in circumstances – a standard you will likely meet if you have become disabled and cannot work in the eyes of SSA. Through a petition to modify child support, you may be able to reduce your obligations.
Talk to a Chicago Child Support Attorney About Your Circumstances
While this overview of SSDI and child support obligations may help you understand the basics, retaining experienced legal counsel is essential. For more information and assistance with filing a petition to modify child support, please contact Michael C. Craven. You can call (312) 621-5234 or go online to schedule a consultation at our offices in Chicago, IL.
