Family Law and Social Security

Family law and Social Security law impact each other in a number of ways.

Some examples:

If one spouse in a dissolution of marriage says he or she is unable to work due to a physical or mental disability, the first question should be: Has he or she applied for Social Security disability benefits?

If one parent is receiving Social Security benefits, the minor children are also entitled to benefits. Who is to receive those checks, and how does that money affect the amount of child support a parent is ordered to pay?

What happens if Social Security finds a person to be disabled but a family law judge finds that the person has an earning capacity far in excess of what Social Security pays?

What happens when one is entitled to both SSI and spousal support? While Social Security is insurance unrelated to one's wealth, SSI (Supplemental Security Income) is a "needs-based" or "means-tested" poverty program. If a person receiving SSI becomes eligible for spousal support, every dollar of spousal support reduces by the same amount the person's SSI payment.

Does the receipt of SSI payments affect child support payments?

Does the receipt of SSI payments by one party affect the SSI rights of the other party?

Is a child of a Social Security or SSI recipient entitled to MediCare or MediCal?

Can Social Security benefits be garnished to pay for child or spousal support?

As the foregoing suggests, in Family Law matters where at least one party is disabled, it is important, if not critical, to know what effect a person's disability may have on the support and property rights and obligations of the parties and the children. Consulting an attorney who is knowledgeable in both areas of law may be both cost efficient and save time.