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Child Support and Your SSI and Social Security Benefits

If you have applied for, are receiving or have recently been approved to receive Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits, and have a Florida child support order against you, you may be entitled to a lower child support payment or no child support payment at all. If you have an existing child support order against you, you CANNOT just stop paying. You must follow certain procedures.

Different sets of rules apply depending on whether you are receiving SSI or SSDI; however, either benefit provides you certain protections you do not otherwise have. If you are served with an action for support, you need to respond immediately and attend any and all court hearings scheduled. This is very important because if you do not do this, you could end up with a child support obligation that exceeds what the law would actually require. Additionally, when a child support obligation is first entered, retroactive support is set for the two years preceding the start of the child support action, and you may have certain defenses to such retroactive support if you receive SSI or SSDI.

If you have been approved for SSDI benefits, your children may be eligible to receive derivative or dependent benefits off of your Social Security account that will not lower your benefits and will be considered a child support payment. As such, if you receive either SSI or SSDI and you have an existing Florida child support order against you, you need to notify the Court and request the appropriate relief depending on your benefit type.

For more information or to speak to a child support lawyer in Miami about your options in regards to SSI/SSDI benefits and child support obligation please visit www.dadvocacy.com or contact us at (305) 363-6171

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