Divorce

WomensLaw.org does not have information on whether disability benefits would be considered income for purposes of calculating and collecting child support or spousal support. I did, however, do some research and found the following website, run by the U.S. Department of Health and Services (please note WomensLaw.org cannot vouch for the accuracy of the information on the linked site): https://www.acf.hhs.gov/css/policy-guidance/attachment-social-security-benefits  According to this website, it appears that SSI cannot be garnished (“attached”) for the purpose of paying off a judgment for child support arrears and it is not subject to an income withholding order.  However, SSDI can be attached (garnished) to enforce a child support judgment and subject to an income withholding order.  The general reasoning behind this is that SSI is viewed more like a public benefit and SSDI is viewed more like income since it is paid from money the recipient has contributed through working.  So SSI, as a public benefit, wouldn’t be garnished for purposes of any judgment – arrears or an initial order.  It’s more of an equivalent to TANF (welfare) and intended to be used to feed, house, and clothe people who are low-income and disabled. 

There is also a related fact sheet put out by the federal government as well that deals with this topic - see here: https://www.acf.hhs.gov/sites/default/files/programs/css/ssi_factsheet_3…

In terms of the question of whether or not SSI and SSDI are considered “income” when deciding if and how much the recipient will pay in child support or an alimony (spousal support), this may be something that is addressed in each state’s law.  For example, this paragraph in https://www.acf.hhs.gov/css/resource/attachment-of-social-security-benefits says “some courts have held that, although SSI payments can not be attached through legal process for the enforcement of child support obligations, they can be considered income for purposes of calculating the child support obligation. See, Davis v. Office of Child Support Enforcement, 5 S.W.3d 58 (Ark. App. 1999), Commonwealth ex rel. Morris v. Morris, 984 S.W.2d 840 (Ky. 1998), reh. denied 2/18/99, Whitmore v. Kenney, 626 A.2d 1190 (Pa. Super. 1993).”

To find out how your state would view the other parent’s SSI or SSDI when calculating child support or alimony, you may want to reach out to a lawyer.  Here is a link for lawyers, some of which are free or low-cost if you qualify: LINK