Question: CL Called This Date and Advised That Child Is Now Rec SSI Benefits

SSI and Child Support (Feb. 2003)

Question: “CL called this date and advised that child is now rec SSI benefits. CL is aware that ncp owes arrears to CFC which must be paid, but questioned whether or not we had to continue collecting child support from NCP. It was my impression that so long as there is a court order in effect for ncp to pay ongoing child support, since child is rec ssi thru Commonwealth, which is funded through state, that we must continue to collect ongoing child support, with the SSA to be advised of the Order for child support in place so that they may make necessary reductions, if any. Question is: When an order is already in place for ongoing child support against NCP, at time that minor child becomes SSI recipient, do we suspend ongoing child support?”

Clarification: "I might add that I failed to note in the question "if the CL does not wish for us to continue to collect".

Answer: No, you do not suspend ongoing child support or arrears. Only the court can change or suspend its order. The fact that the child is receiving SSI on himself does not replace the noncustodial parent's obligation to pay child support. The amount of child support paid by the noncustodial parent affects the amount of SSI paid on behalf of the child since the SSI program treats child support payments as a resource to the child when determining the amount of SSI the child is to receive. SSI payments are intended to assist with the high cost of caring for a child with a disability.

If the custodial parent does not want CFC to continue to collect child support payments and receive our IV-D services, she must notify your office in writing. If arrears are owed to the Cabinet, you cannot close the case; you must leave it open and change the status to an "Arrears Only" case and collect the arrears owed to the Cabinet.

You may access information about Supplemental Security Income (SSI) at: SSI is a program that pays monthly need-based cash benefits to people with low incomes and limited assets who are 65 or older, blind, or disabled. Children can qualify if they meet the Social Security definition of disability and if their family's income and assets fall within the eligibility limits. As its name implies, Supplemental Security Income supplements a person's income up to a certain level. Children are required to have a "medically determinable physical or mental impairment which results in marked and severe functional limitations."