Legal Question in Family Law in Maryland
child support
can a judgement for child support be put on you if you are receiving welfare and fighting for disability benefits
2 Answers from Attorneys
Re: child support
A person who is receiving public assistance and who has applied for Social Security disability benefits can be ordered to pay child support. If the court believes that the parent has voluntarily avoided work, an order can be issued based on the income the parent is believed to be able to earn. If the parent does get a favorable decision and begins to receive disability benefits, the order can be changed based on the change of income. Social Security disability benefits are counted as income for child support purposes, although SSI (Supplemental Security Income) payments are not.
Re: child support
Under MD law, social security and disability benefits are considered to be income for child support purposes. Therefore, what you're receiving will be taken into account to determine your ability to support your child(ren). Like most other states if not all, MD uses guidelines to calculate how much support each parent must pay for their children. Judges can deviate to a certain limited extent from the guidelines in special circumstances, so if you think yours is such a case, you should plan to actively participate in any hearings to determine your support obligation.