All children have the right to the resources they need to thrive. This is the basis of the child support system, and the Florida family court system is committed to ensuring children’s financial stability following their parents’ divorce.
That said, not all such cases are as simple as arranging for a portion of one parent’s earned income to be issued to the other. For instance, a parent’s main source of income may be their disability benefits that are designed to meet their basic needs. Can the courts demand that this income be garnished to make child support payments? Well, as with many such issues, the answer can depend on a number of factors.
Understanding Florida’s approach to this can be key to ensuring your child receives the resources they deserve as well as avoid potential legal complications. So, we’re going to take a closer look at the concept.
How Does Disability Affect Child Support Obligations?
Firstly, it’s important to highlight that the simple fact that one of the parents lives with disability does not automatically remove their responsibility to provide financial support. Florida’s family law system places the child’s right to financial stability as a priority above almost all other interests of parents, including if the parents agree to no child support. Nevertheless, the courts also understand that disability can sometimes impact a parent’s earning potential.
In the majority of circumstances, the way Florida calculates child support is relatively consistent. It considers the type and amount of income each parent receives. This includes parents living with disabilities. Generally speaking, the state will seek to strike a fair balance between ensuring the child’s financial needs are met without creating undue hardship on the parent receiving disability benefits.
Perhaps the most influential component here is the type of disability benefits the parent receives. Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are each treated differently in Florida’s child support system.
The Difference Between SSDI and SSI in Florida
The distinctions between SSDI and SSI in Florida are important to understand, as the implications on child support obligations are different.
| Benefit Type | Description | Impact on Child Support |
|---|---|---|
| Social Security Disability Insurance (SSDI) | Benefits are directly linked to work history, with workers contributing funds through Social Security taxation. | SSDI is earned through employment. As a result, the courts usually treat it as income that is included in child support calculations. |
| Supplemental Security Income (SSI) | A needs-based program for those living with disability and have limited income or other assets. It’s a public assistance benefit. | SSI is not connected to employment history. Therefore it is not usually treated as income, with federal law prohibiting states considering it when calculating child support. |
Put simply, SSDI counts as income for child support purposes. SSI does not count as income and can, therefore, not be subject to garnishment by the state or courts. If you receive disability benefits as part of a private insurance plan, this will usually be treated in a similar way to SSDI.
How Does Disability Factor Into Calculation?
So, what does this mean from the practical standpoint of child support calculation? Florida uses the Income Shares Model of child support. This essentially means that calculations are based on the concept that children should receive the same proportion of their separated parents’ income as they would if the parents were still together.
- Step 1 – Each parent’s gross income is calculated. For those living with disability, this includes monthly SSDI checks and private long-term disability insurance payments.
- Step 2 – Each parent’s net income is established. This includes eligible deductions such as taxes and health insurance premiums.
- Step 3 – The parents’ net income is combined. This is then used to find the basic monthly child support amount in line with Florida’s Standard Needs Table.
- Step 4 – Each parent’s proportion of the total child support obligation is determined based on their percentage of the total net income.
- Step 5 – Adjustments may be made based on elements such as the time sharing split and additional expenses. The courts may take extenuating circumstances related to disability-related expenses and hardship into account here.
If your disability benefits include derivative benefits that are paid to your children, these may be deducted from child support obligations.
Modifying Child Support Due to Disability
It may be the case that a child support order is already in place prior to you experiencing disability. Receiving benefits in place of employment income can mean that your financial situation is substantially lower.
In these instances, Florida family law usually allows for modifications due to exceptional changes in your circumstances related to injury, illness, or disability. It is important to follow the correct procedures here.
This involves:
- Petition – File a Supplemental Petition for Modification of Child Support. This must usually be filed with the same court that issued the original support order.
- Evidence – All relevant documentation and evidence should be provided with the petition, including medical documentation, statements that show the change in income, and disability benefit details. An experienced Florida family law attorney can help you ensure your evidence is complete, accurate, and compelling.
- Review – The court will review the petition and supporting evidence, determining whether a modification is necessary.
Until the court has reviewed the petition and approved a modification, the original order will remain enforceable. It is vital to make an application as quickly as possible when your financial circumstances have changed, to avoid penalties.
SSI Considerations
As stated earlier, if you’re receiving SSI, you’re in a different situation to those receiving other forms of disability benefits. This is because federal law protects SSI from the collection of debts, including in cases of child support.
This doesn’t mean that those in receipt of SSI have no child support obligations. Other forms of income, including assets that produce passive income, can be considered for contribution to support. It is just the SSI amount that is protected from garnishment.
Indeed, if a parent had child support arrears in place prior to experiencing disability, repayment amounts cannot usually be collected from SSI. If SSI becomes the parent’s only or primary source of income, they may be able to request the court to suspend or reduce enforcement due to unavoidable inability to pay.
Wrapping Up
Receiving disability benefits doesn’t automatically mean that a parent isn’t obligated to make child support payments. Depending on the type of benefits received and the impact on financial stability, the courts may consider making modifications to ensure your child receives the resources they need without placing undue burdens on you.
These types of cases can be quite complex, particularly when making representations that outline extenuating circumstances. Our dedicated attorneys have spent years helping men like you in Florida to effectively navigate child support cases to ensure the most positive outcomes, no matter what your needs are.
