Many of our clients ask us about the interaction between Social Security disability and child support law. It comes up like this:
The father of a child is under a child support order. He is not able to make his child support payments because he is disabled and fighting to get on Social Security disability benefits. He is being threatened with jail because he is not making his payments. Later he wins Social Security disability and his child is paid Social Security benefits.
The two issues presented are:
- What can be done to keep the father out of jail while he is awaiting a hearing on his Social Security disability claim?
- Should the father get a credit for the Social Security child’s benefits paid?
There is nothing in Social Security disability and child support laws that automatically keeps the father out of jail while he is appealing a denial of Social Security disability benefits. At the Charles T. Hall Law Firm, we give the client a letter to take to the judge in these cases. Usually, our clients are not jailed.
There is nothing specific in Social Security disability and child support law to give the father a credit against a child support obligation for Social Security child’s benefits paid but the NC child support guidelines do suggest that this is appropriate.