What Tennessee Parents with Disabled Children Should Know About Child Support and Social Security
There are a few particulars that Oakland, Tennessee, parents with disabled children should know about the availability of child support and additional Social Security benefits.
Court-Ordered Child Support for Disabled Minors
What Oakland TN parents with disabled children should know about child support and Social Security
At the local level, a parent who is separated or divorced can seek child support for a disabled minor in an amount representing a significant deviation from the Tennessee Child Support Guidelines. If the disability arises after child support orders are already in place, then a child support modification may be sought when there is a significant variance between the current support order and the parent’s proposed order. Furthermore, for children who are severely disabled, child support may be ordered to be paid past the age of 18.
Social Security Disability Benefits for Children
There is also federal assistance for many of the mothers and fathers who are struggling to manage child care and health care costs for their disabled children who are below the age of 18. (There is a narrow exception for certain disabled adult children up to age 22 who regularly attend school.) The Social Security Administration (SSA) handles applications for Supplemental Security Income (SSI) benefits – the SSI program distributes disability benefits to eligible children.
Although this brief overview cannot replace competent legal advice on the availability of SSI in a particular case, parents who seek disability benefits for their children should be prepared to substantiate the following:
● That the child has a physical or mental condition that seriously, or substantially, limits the child’s activities; and
● That the child’s limiting condition is expected to last a full year; the limiting condition has already existed for a full year; or the limiting condition is expected to result in the child’s death.
Tennessee’s Department of Human Services is the state agency responsible for determining whether the child’s condition is disabling for purposes of SSI eligibility.
There are also financial requirements to satisfy. Before approving benefits and cash assistance, the SSA considers the financial resources available for the child’s care including: parental earned income, court-ordered child support, and unearned income from unemployment, pensions, and so on. Although many states supplement the federal benefit for children, Tennessee is among the 20 jurisdictions that do not. Lastly, those parents who are in the military and residing overseas should be aware of specific SSI rules applicable to their disabled children’s eligibility.
Oakland TN Child Support Lawyer
For more information, see Tennessee Child Support Answers to FAQ’s, and for legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog and its Child Support category. A Memphis child support attorney from the Miles Mason Family Law Group can help you with Tennessee child support issues including setting or modifying child support. To schedule your confidential consultation, call us today at (901) 683-1850.
