I was recently asked the above question. The answer is… it depends. Every situation is different, so there is no one size fits all answer. Generally, though, SSDI is social security disability income.  It is directly tied to a person’s income and is considered income for the purpose of establishing a support order.  To the extent that the SSDI recipient’s children also receive benefits, there is a provision at DCF 150.03(5) that addresses giving the payer credit for those payments.  SSI, on the other hand, refers to supplemental security income.  It is a form of public assistance and is not income under Wis.Stats s.49.96.  As such, it is not considered income for the purpose of setting support. Other types of benefits (VA, State) have to be evaluated separately.

One Response to “Are my Disability Benefits Considered in Figuring Child Support?”

  1. worriedmother1515 says:

    I have an ex who is awaiting a response from the courts on his SSDI approval or denial. During this time is he still responsible for paying his current ordered child support? He states his lawyer told him he didn’t have to pay that or the court ordered expenses (daycare, medical and dental expenses.) Is this true? At the same time if he does get approved for this will my daughter then get benefits and/or a back payment? He also receives VA benefits for being a veteran how does this play a role in the matter?