The Social Security Administration (SSA) may provide financial assistance to disabled people who qualify through its Social Security Disability Insurance (SSDI) program. This financial assistance also extends to the family of the disabled individual. But are non-custodial parents also entitled to this assistance?
The answer is no. If you were previously receiving SSDI benefits for your dependent child and recently lost custody of your child, those benefits will likely be transferred over to the custodial parent instead.
Keep reading below as we describe this process in more detail.
Can a Child Receive SSDI Based on Their Parent’s Work History?
Yes, it’s possible for a person’s SSDI benefits to be increased if they have any dependent children. This is because the SSDI program is intended to provide financial assistance to not only the disabled individual but to their families as well.
The amount of SSDI payout for dependent children is easy to calculate. It comprises 50% of your SSDI benefits. So, for example, if you have one child, you will receive an additional 50% of your SSDI payout, through which you can support your child’s needs.
In the event that you have more than one child, that 50% amount will be divided equally among all of them.
A child is eligible for SSDI benefits based on their disabled parent’s record if they meet the following requirements:
- The child is the biological, adopted, or stepchild of a disabled adult parent who also qualifies for SSDI.
- The child is under 18, or if actively enrolled in high school, then 19.
- The child is unmarried.
- The child has a valid birth certificate and Social Security number.
- The child is the grandchild of a disabled individual who is qualified for SSDI benefits.
The last point is a bit tricky since grandchildren only qualify for SSDI benefits if they meet some of the following requirements:
- The parents of the grandchildren have died.
- The child’s grandparents provide the majority of their financial support, with their contribution amounting to at least 50%.
- The child lived with the grandparents for a minimum of one year before they became entitled to SSDI benefits.
The Social Security Administration can only provide you and your family with 150 to 180 percent of your full disability compensation. If you have one child, your dependent payments will be capped at a maximum of 50% of your benefit amount.
If the amount of your monthly benefit is $1,200, then the amount of dependency benefits that you would receive on behalf of your child is $600. This adds up to 150% of your entire benefit. The Social Security Administration will not provide an extra $600 for your second child.
This is considered unacceptable under the SSA rules because it exceeds the maximum allowed by the program by 50 percent. Rather, the Social Security Administration will divide the $600 dependency benefit that you are entitled to receive among your two children and pay each of them $300.
This includes not only your children but also any other members of your family who have a chance of becoming eligible for dependent benefits. Here are a few examples:
- A partner who is unable to work, who is above the age of 62, or who is a primary caregiver for a child who is dependent on them.
- Grandchildren entrusted to your care.
- Parents who rely on you for their daily needs and comfort
The Social Security Administration will never lower your payments to account for the family benefits that you receive. However, they will reduce the overall amount of the benefits granted to your household until you are below the 150–180 percent threshold.
Do Non-Custodial Parents Receive SSDI Benefits?
SSDI is usually paid to the disabled individual who qualifies based on their work record. The total amount of benefits paid to you are not only intended for you but also for your family, such as any spouse or dependents that you may have.
These are called family or dependency benefits.
These benefits are calculated on top of the primary SSDI payout you would receive as the primary beneficiary.
In the event that you get divorced or lose custody of your child in some other way, then the dependency benefit will be paid to the custodial parent to ensure that the child is taken care of and the purpose of the benefit is continued.
SSDI and Child Support
If you were ordered to pay child support during your divorce proceedings, then the dependency benefits you receive would be factored into the total amount you are being ordered to pay. It is very likely that this amount would be deducted from the dependency benefit.
For instance, if the court orders that a parent pay child support in the amount of $100 per week but the primary custodial parent is eligible for a dependency benefit in the amount of $50 per week, then the non-custodial parent will only be responsible for paying the remaining $50 as opposed to the entire $100.
If the primary custodial parent collects more in dependency benefits than they are required to receive in child support, that parent keeps the excess.
To make sure you’re meeting your obligations under the child support order, it’s a good idea to consult with a reputable and knowledgeable family lawyer.
Can SSDI Payments Be Garnished for Child Support?
What happens when a disabled SSDI-qualifying parent is ordered to pay child support but has not been able to do so? It’s possible that in such a situation, a portion of their SSDI payments will be garnished for child support.
However, there are limits specified by the SSA as to how much of the SSDI benefits payout can be garnished. An experienced disability lawyer or an advocate from the SSA may be able to help you determine exactly how much of your SSDI payments can be garnished for child support.
Conclusion
In conclusion, it is likely that if you lose custody of your dependent child, the SSA will cut off the dependency benefits you receive and pay them to the custodial parent instead.
