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Social Security SSI vs. SSDI

Supplemental Security Income (SSI) is paid by Uncle Sam to those who have low income and few resources and are 65 or older or blind or disabled. SSI is often confused with Social Security Disability Insurance (SSDI). SSI is a “needs-based” benefit. It is a benefit paid to persons who are disabled of any age, including children. SSI is also provided to people over age 65 whether or not they are disabled. The key is “financial need" as the benefit is based on the person’s lack of personal resources and income to meet necessities of life.

SSDI is a benefit paid to a person and certain members of their family if they are "insured," meaning that the person worked long enough and paid Social Security taxes. SSDI was created so workers who become disabled and unable to work to their normal retirement age will be able to access their Social Security retirement benefit early.

How are these handled concerning child support?

Rule 9.4 of the new guidelines contains a provision that reads: "The appropriate amount of child support is zero if the noncustodial parent’s only income is from Supplemental Security Income (SSI) paid pursuant to 42 U.S.C. 1381a." Thus, if the obligor is on SSI, child support is zero. If, however, the parent is on SSDI, the children of that parent are probably eligible for a benefit as well. If the SSDI parent ends up with a child support obligation and their child is also receiving a benefit, you will most likely see the child support obligation being reduced dollar-for-dollar based on the benefit being received by the child. The custodial parent would have control over the benefit being paid to the child.

Patrick Wilson will be presenting a "Webinar" through the Iowa State Bar Association on March 25, 2010. Click here for more information. He will be speaking at the Iowa Association for Justice at their Annual Family Law Seminar which will be held April 8 & 9, 2010 at the Riverside Casino and Golf Resort in Riverside, Iowa. Look for more information at the IAJ website by clicking here. It one of these dates won't work into your schedule, or if you simply can't get enough, he will also be speaking at the annual ISBA meeting in June. I promise to improve on the quality of my jokes.