So. Sec. Disability vs. Child Support Question.

[diggleblop]

Ok, today I finally (after three years of trying) got my decision from Social Security Disability. It’s 100% fully favorable. I am now declared completely disabled from the Federal Government and will be getting a lump sum soon.

Now, I’ve been paying $525.00 per month in child support for 6 years now and I’ve heard through the grapevine that people who receive so sec. disability are exempt from child support payments.

1. How true is this?
2. If it’s not true, is there a percentage I’m obligated to pay?
3. What are the overall laws regarding this, I’m in Maryland.

I love my son and he will be taken care of his entire life, I’m just curious to what’s gonna happen legally with this now that I’m disabled.

[Gfactor]

This is a pretty good discussion: DCBA Brief - Home - DuPage County Bar Association

This one is ok, but it mostly talks about New York law: http://www.brandeslaw.com/child_support/social_security_and_child-support.htm

The basic answer:

Q: Can child support be taken from my SSDI payment?
A: Yes it can. But, if you have dependent children they may be entitled to a child�¿s benefit based on your benefit. You should have given them the names, social security number, ages and address of all children when you applied. If you did not, you can add it later, it just delays their receipt of the benefits.

Social Security Information & Articles | Lawyers.com

Maryland child support guidelines: http://www.dhr.state.md.us/csea/help.htm

(3) “Actual income” includes:
(i) salaries;
(ii) wages;
(iii) commissions;
(iv) bonuses;
(v) dividend income;
(vi) pension income;
(vii) interest income;
(viii) trust income;
(ix) annuity income;
(x) Social Security benefits;
(xi) workers’ compensation benefits;
(xii) unemployment insurance benefits;
(xiii) disability insurance benefits;
(xiv) for the obligor, any third party payment paid to or for a minor child as a result of the obligor’s disability, retirement, or other compensable claim;
(xv) alimony or maintenance received; and
(xvi) expense reimbursements or in-kind payments received by a parent in the course of employment, self-employment, or operation of a business to the extent the reimbursements or payments reduce the parent’s personal living expenses.

*Id. * (Emphasis added.)