If you receive Social Security disability benefits and owe child support, you may be worried about whether those payments can be taken to satisfy a support order. The answer is determined by which type of disability benefit you receive, and understanding the difference is critical.
At Disability Attorneys of Michigan, we help clients navigate this issue when child support obligations overlap with disability benefits. Below, we break down what benefits could be subject to child support garnishments.
The Difference Between SSDI and SSI Matters
Before talking about garnishment, it’s important to understand how Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI) are treated under the law.
Social Security Disability Insurance (SSDI)
Based on your work history and earnings
Funded through payroll taxes (FICA taxes)
Considered replacement income for lost wages
Supplemental Security Income (SSI)
Based on financial need, not work history
Funded by general tax revenue
Intended to cover basic necessities, such as food and shelter
This distinction is the key to how child support enforcement works.
Can SSDI Be Garnished for Child Support?
Yes. SSDI benefits can be garnished for child support. Federal law allows SSDI benefits to be treated as “earnings” for child support purposes. Under the Consumer Credit Protection Act (CCPA), disability payments that replace wages, such as SSDI, are considered earnings because they are compensation tied to prior employment.
How Much SSDI Can Be Garnished?
The CCPA sets specific limits on how much can be withheld for child support:
Up to 50% of disposable earnings if you are supporting another spouse or child
Up to 60% if you are not supporting another spouse or child
An additional 5% may be garnished if payments are more than 12 weeks behind
These limits apply nationwide, including here in Michigan.
What Counts as “Disposable Earnings”?
Disposable earnings are the amount left after legally required deductions, such as:
Federal, state, and local taxes
Social Security and Medicare contributions
Voluntary deductions, such as health insurance or retirement contributions, are not deducted when calculating the amount that can be garnished.
Can SSI Be Garnished for Child Support?
No. SSI benefits cannot be garnished for child support.
SSI is not considered earnings under the CCPA. Because SSI is a needs-based public assistance benefit, not a wage-replacement benefit, it is protected from garnishment, even for child support obligations.
That protection applies regardless of the amount you receive, whether you are behind on child support, and the state where the support order was issued.
What About Child Support When a Child Receives SSDI Auxiliary Benefits?
In many SSDI cases, a dependent child may receive auxiliary benefits based on the disabled parent’s work record. In Michigan, these payments are often credited toward the parent’s child support obligation and, in some cases, can significantly reduce or even satisfy the parent’s monthly support obligation. However, crediting auxiliary benefits is not automatic. A court order or child support review may be required.
Do Michigan Laws Change These Rules?
Michigan child support enforcement must still follow federal law. While Michigan courts determine:
The amount of child support owed
How support orders are enforced
They cannot exceed the CCPA’s garnishment limits. If state law and federal law differ, the law that results in less garnishment must be followed.
What If You’re Facing Garnishment or Enforcement Action?
If your SSDI benefits are being garnished, or you’re worried they might be, it’s important to act quickly. Errors happen, especially when SSI and SSDI are confused, or when auxiliary benefits are not properly credited.
The experienced disability attorneys at Disability Attorneys of Michigan can help by:
Verifying whether your benefits are legally subject to garnishment
Ensuring garnishment amounts stay within federal limits
Helping seek credit for dependent SSDI benefits
Addressing improper or excessive withholding
Get Help From Disability Attorneys of Michigan
Child support issues can feel overwhelming, especially when you’re already dealing with a disabling condition. If you receive SSDI benefits and have questions about garnishment, enforcement, or your rights, Disability Attorneys of Michigan is here to help. We understand how disability benefits intersect with child support, and we know how to protect the income you depend on.
Contact us today by submitting an online form or calling our office at (800) 949-2900 for a free case evaluation.
