“What do you mean, I have to pay child support? I can’t work. My only money comes from Social Security Disability. And my kid gets their own separate check too from Social Security because I can’t work. You must be kidding!”
Children Can Get Derivative Benefits
When a parent’s sole source of income is from Social Security Disability, their child will receive their own separate check each month from the government too. This is called a derivative benefit. A child may receive up to one-half of the monthly amount that their parent does. According to the Federal Social Security Administration, about 4.4 million children receive approximately $2.5 billion each month because they have a disabled parent.
A Parent Still Must Pay Child Support
But although the child effectively has their own source of income, that does not relieve the parent on disability from their obligation to pay child support. If the parent on disability does not have custody of that child, then they will still have regular child support to the other parent who has custody of the child.
So, for example, in New York if a non-custodial parent receives $1,000 per month from Social Security Disability and their child receives their own derivative check of $500 per month, then that parent must still pay the custodial parent approximately $170 per month for child support.
Thinking About Child Support?
Child support cases are intimidating, but only because of the fear of the unknown. Contact The Law Offices of Gildin & Chapman today to schedule a consultation with one of our experienced child support lawyers.
