The Law Office of Edward Misleh
The Law Office of Edward Misleh
Skip to content
  • Home Page
  • Areas of Practice
    • Divorce Attorney
    • Domestic Violence Attorney
    • Child Custody Attorney
    • Child Support Attorney
    • Spousal Support Attorney
    • Community Property Attorney
    • Guardianship Attorney
    • Family Law Attorney
    • Adoption Attorney
    • California Attorney Blog
  • Resources
    • Forms
    • California Attorney Blog
    • Our Office
    • Website Search
    • Site Map
  • The Law Offices
  • Contact Us

-

Home » Areas of Practice » Child Support » Supplemental Security Income

Supplemental Security Income

Posted on October 25, 2019October 30, 2019 by Editor

The Social Security Administration has two types of benefits available for individuals:  Supplemental Security Income – which is additional money for those with low income;  and, Social Security Disability Insurance – which is payment for those who are eligible for Social Security retirement benefits.

The Law Offices of Edward Misleh, APC is a law firm that practices family law and clients in Northern California with services they need and deserve when addressing divorce.  Call now our Lawyer Hotline.      Call now 321-951-9164.

Supplemental Security Income

What is Supplemental Security Income?  How do I apply for SSI?

Supplemental Security Income is also know as SSI.  SSI is a public welfare benefit just like food stamps or other welfare programs.  SSI provides monthly cash payments to low-income elderly or disabled individuals.


SSI Eligibility

To be eligible for SSI, you must meet the following requirements:

  • Age 65 or older;
  • Have limited income;
  • Have limited resources;
  • Be a U.S. citizen or national, or in one of certain categories of aliens;
  • Be a resident of one of the 50 States, the District of Columbia, or the Northern Mariana Islands;
  • No have been absent from the country for a full calendar month or for 30 consecutive days or more;
  • Not confined to an institution (such as a hospital or prison) at the government’s expense;
  • Not have applied for any other cash benefits or payments for which you may be eligible, (for example, pensions, Social Security benefits);
  • Be willing to give the Social Security Administration (SSA) permission to contact any financial institution and request any financial records about you;
  • File an application; and,
  • Meet certain other requirements.

SSI and Child Support

SSI is not counted as income when calculating monthly payments for child support and neither can your SSI benefits be seized for child support payments or garnished to make child support payments.  For children who are receiving SSI, the Social Security Administration reduces the child’s SSI benefit by two-thirds of the amount that the child is receiving in child support.


Social Security Disability Insurance

Social Security Disability Insurance, or SSDI, is funded through payroll taxes and only those who have paid a certain amount into this insurance program can apply for benefits.  SSDI provides monthly cash benefits to disabled individuals and families who have a significant history of working.  There is no limit on the assets an individual can have to be eligible for SSDI.


SSDI Income

SSDI is counted as income and is used when calculating California monthly child support to be paid by the non-custodial parent.  SSDI payments can be taken or seized for child support should the custodial parent prove you have not been making your child support payments.  If seized, your SSDI payment will be reduced to reflect the payment being made to the custodial parent.  If you are entitled to back pay when your SSDI application is approved, this back pay can also be taken or seized if the custodial parent can prove that you have not been making your child support payments.


Social Security Disability Insurance Derivative Benefits

SSDI derivative benefits are available for a child whose parent receives SSDI.  A non-custodial parent’s child can receive derivative benefits if the non-custodial parent is receiving SSDI.  SSDI derivative benefits count as income for the parent from whom they derive.


SSDI and Child Support

If the non-custodial parent is ordered to pay child support and the child’s benefits derive from the non-custodial parent’s SSDI, the amount of the benefits received by the child is subtracted from the child support order.  A California court will issue an order based on the remaining amount due under the order.  For example, if the amount of SSDI benefits the child receives from the non-custodial parent is $300 per month and the non-custodial parent has a child support order to pay $500 per month, then the California court will order child support payments to be set at $200 per month.  If the SSDI derivative benefits the child receives is more than the child support obligation calculated using the California Guidelines, then the order is set at zero.


Dependent Benefits

If you get SSDI, your child may be eligible for Social Security dependents’ benefits based on your earnings records.  You should make sure that either you or the other parent apply for benefits for your child as soon as you are approved for SSDI.  In California, dependent child benefits are credited towards any child support obligations.  This means, for example, that if your child support obligation is $400 per month, but your child gets $250 a month in dependent benefits based on your earnings record, you would only be responsible to pay for the $150 per month difference.  Child benefits may also be used to cover any arrearages (past due child support) you may have accrued after you became disabled.


Derivative Payments

To obtain derivative payments, the disabled parent must notify the custodial parent of their receipt of social security benefits.  The custodial parent then applies for the derivative Social Security benefits directly through the Social Security administration.  The amount of the derivative Social Security benefits is then credited toward the child support obligation.  In other words, the Family Court will typically give a dollar for dollar reduction against the disabled parent’s child support obligation to the custodial parent by the same amount as the derivative Social Security benefits.

Example, if the derivative Social Security benefits are $300 per month and the California court set child support obligation is $300 per month or less, the non-custodial parent’s child support obligation would be zero.


Child Support Credits

Under California Family Code, a court can give credit for child support “unless the payments made by the federal government were taken into consideration by the court in determining the amount of support to be paid.”  California Family Code further states that the custodial parent must contact the Social Security Administration within 30 days of receiving notification from the non-custodial parent that they are receiving benefits.  The custodial parent must apply for and cooperate with the SSA if he or she is “potentially” eligible for the derivative payments.  The legislature has used this word “potentially” to avoid a custodial parent from claiming a lack of eligibility based on ill motives or a lack of good faith.

If the custodial parent refuses to apply or fails to cooperate, the amount of monthly derivative Social Security benefits he or she would have received is then credited toward the noncustodial and disabled parent’s monthly child support obligation.  The noncustodial parent does need to provide evidence of the benefits that would have been received if the custodial parent would have done what the law requires.


Attorney Fees

Issues regarding derivative Social Security benefits and their impact on child support in a California divorce case should be resolved by the parties without court intervention.  If the custodial parent forces the non-custodial parent to seek court intervention, the non-custodial parent may be compensated for attorney fees and costs expended to resolve the matter.


CALL NOW TO MAKE AN APPOINTMENT

321-951-9164

For more information on Supplemental Security Income or income used to calculate support, click on the following link:

Social Security Administration – SSI

Divorce(Opens in a new browser tab)

Paying Spousal Support(Opens in a new browser tab)

California Attorney(Opens in a new browser tab)

Law Offices of Edward Misleh

Web Site Search

This disclaimer provides that any information provided on this website by The Law  Offices of Edward Misleh, APC is strictly informational and should not be interpreted or considered as legal advice.  If you have a legal concern, you should contact our office to speak with a licensed California Attorney.  Delaying to contact an attorney could result in harm to your interests.

Attorney-Client Relationship

No Attorney-Client Relationship Created by use of this Website: Neither your receipt of information from this website, nor your use of this website to contact The Law Offices of Edward Misleh, APC or one of its attorneys creates an attorney-client relationship between you and The Law Offices of Edward Misleh, APC. As a matter of policy, The Law Offices of Edward Misleh, APC does not accept a new client without first investigating for possible conflicts of interests and obtaining a signed engagement letter. Accordingly, you should not use this website to provide confidential information about a legal matter of yours to The Law Offices of Edward Misleh, APC.

Contacting us by telephone, email or other means, or transmitting information to us, will not establish an attorney-client relationship. The attorney-client relationship can only be established after we have determined that we are able and willing to accept the engagement and we have entered into a written engagement agreement. Until then, do not send any confidential information to us unless we specifically request it. Information communicated without such authorization may not be treated as confidential, secret or otherwise be protected from disclosure, and The Law Offices of Edward Misleh, APC will not be precluded from representing parties adverse to the sender of such information in any matter.

No Legal Advice Intended

This website includes information about legal issues and legal developments. Such materials are for informational purposes only and may not reflect the most current legal developments. These informational materials are not intended, and should not be taken, as legal advice on any particular set of facts or circumstances. You should contact an attorney for advice on specific legal problems.

No Guarantee of Results

Many of the practice summaries and individual attorney biography on this website describe results obtained in matters handled for The Law Offices of Edward Misleh, APC clients. These descriptions are meant only to provide information about the activities and experience of our attorney. They are not intended as a guarantee that the same or similar results can be obtained in every matter undertaken by our attorney; and, you should not assume that a similar result can be obtained in a legal matter of interest to you. The outcome of a particular matter can depend on a variety of factors—including the specific factual and legal circumstances, the ability of opposing counsel, and, often, unexpected developments beyond the control of any client or attorney.

Third Party Websites

As a convenience, this website may provide links to third-party websites. Such linked websites are not under the control of The Law Offices of Edward Misleh, APC, and The Law Offices of Edward Misleh, APC assumes no responsibility for the accuracy of the contents of such websites.

No Warranty or Liability

The information in this site is provided “AS-IS,” without representation or warranty of any kind, either express or implied, including, without limitation, any representation or warranty as to suitability, reliability, applicability, accuracy, merchantability, fitness for a particular purpose, non-infringement, result, outcome or any other matter. We do not represent or warrant that such information is or will be up-to-date, complete or accurate, or free from errors, viruses, spyware, malware, adware, worms or other malicious code, or will function to meet your requirements.

You agree that we are not liable to you or others in any way for any damages of any kind or under any theory arising from this site, your access to or use of or reliance on the information in this site, including, but not limited to, liability or damages under contract, tort or other theories or any damages caused by lost data, malicious code, denials of service (including computer crashes), business interruption or other commercial damages or losses, even if we may have been advised of the possibility of such damages.

Authorized Practice of Law

The jurisdiction in which our attorney is licensed to practice is in the State of California. The ability of our attorney to engage in any activities on behalf of a client outside that attorney’s state of licensure is subject to state statutes and professional codes and court rules. The Law Offices of Edward Misleh, APC does not seek, and this website is not intended to solicit, legal employment outside our attorney’s states of licensure that would constitute the unauthorized practice of law.

Intellectual Property Owned by The Law Offices of Edward Misleh, APC

Except as otherwise noted, all trademarks, photographs and other artwork, video clips, and written materials used in this site are protected by copyright laws and are owned or licensed by The Law Offices of Edward Misleh, APC. You may download information from our site for your temporary, personal, non-commercial use only. None of these items may be copied, reproduced, downloaded, posted, transmitted, broadcast or otherwise distributed in any manner without our prior written consent.

Privacy Policy
Site Map
Avvo - Rate your Lawyer. Get Free Legal Advice.
We gladly accept Visa, MasterCard, Discover, American Express.
Copyright 2023 The Law Offices of Edward Misleh, APC
Web site hosting by All Brevard Web Sites