Our New Jersey Disability Lawyer Explains How Child Support Affects Disability Benefits

May 14,2013
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Our New Jersey disability lawyer from Hermann Law Group, PLLC understands that child support responsibilities do not stop when an individual is approved for disability benefits, regardless of the type of disability benefit the responsible parent is receiving. If you’d like an experienced New Jersey disability lawyer, you need one who fights aggressively to ensure that all your legal rights are observed by the SSA when disability claims are finally approved. One of the most important of these rights is child support payment requirements.

Your Disability Program Matters Concerning Your Child Support Payments

There are differences in disability benefit programs that determine whether a wage garnishment can be applied to the child support payee’s income. Responsible parents who receive Supplemental Security Income are not vulnerable to wage garnishments because their income level is below the garnishment authorization income minimum. Individuals who are court-ordered to pay child support and are approved to receive Social Security Disability Insurance benefits can still have their disability payments garnished, but the final determination of the amount is based on the benefit allowance for the responsible parent. Recipients of railroad retirement, veterans disability, and private corporate retirement plans are also legally vulnerable to wage garnishments. Generally, disabled recipients of SSI are the only individuals immune from child support payment income interception after the disability ruling.

Can I Receive an Adjustment to My Child Support Amount If I Am Disabled?

The short answer to this question about payment reduction is yes, but the court order is a qualified reduction. The final amount of child support is based on a percentage of the disabled parent’s income. So, if the disabled parent’s income goes up with disability, there is a distinct possibility that the child support payment will go up also. There is no guarantee the child support payment amount will be reduced. In addition, dependent children are also normally qualified for family benefits, which can fluctuate child support levels in some cases. An experienced and effective New Jersey disability lawyer like the professionals at Hermann Law Group can help calculate the potential child support obligations after the Social Security Administration determines a recipient benefit amount.

Can Back Pay Benefits Be Intercepted?

The answer to this question is also a qualified yes, as Supplemental Security Income can normally be protected. Always keep in mind that the Social Security Administration can streamline benefits for individuals who have been attempting to win a disability claim with borderline physical or mental impairment. Even though all cases involve a disability, the severity of the medical problems can range, and all disability cases are unique in some aspects. The SSA can agree to a case settlement on specific conditions if the disabled recipient agrees to a certain condition.

Arrears Reductions

All arrears the disability recipient has built during a disability case decision will still apply, normally based on the retroactive date of the disability ruling. From the date the recipient was determined to be disabled, the amount can be adjusted according to that time frame. However, all arrears accrued before disability determination will still apply and payment will be required.

Contact a New Jersey Disability Lawyer

Be sure to contact Hermann Law Group, PLLC at (914) 286-3030 if you are filing a disability claim that includes a reassessment of your child support responsibilities in association with an impending disability ruling.