TN Dad Cannot Be Forced to Tap SSI Benefits For Child Support

Tennessee child support law case law summary on child support enforcement from the Court of Appeals.

In re Jordan H. – Tennessee divorce child support enforcement.

The child in this child support enforcement case was over 21 years old at the time of this appeal, which involved arrearages in the father’s child support obligation.  The State of Tennessee, on behalf of the mother, alleged that the father was in arrears in the amount of $17,253.49.  After a 2013 hearing, the Juvenile Court of Cocke County entered a judgment against the father for $16,753.49 plus 12% post-judgment interest.  The father, who was disabled and unable to work, had been approved for SSI benefits.  The trial court allowed him “another opportunity to comply” by ordering him to pay “all his lump sum from Supplemental Social Security” to pay toward the arrears.  Instead, the father appealed the case to the Tennessee Court of Appeals.

On appeal, the state conceded that the SSI benefits are not subject to legal process for payment of court-ordered child support.  The appeals court cited earlier cases which held that such benefits cannot be garnished.  Those cases made clear that SSI benefits (as opposed to disability benefits) are for the benefit of the recipient only.  Even though the recipient can spend those funds any way he or she chooses, they cannot be subject to legal action.

For these reasons, the appeals court reversed the portion of the order requiring the father to pay over the SSI benefits.  Since the validity of the judgment was not in question, however, the court affirmed the judgment for $16,753.29.

No. E2013-01731-COA-R3-JV (Tenn. Ct. App. Mar. 25, 2014).

See original opinion for exact language.  Legal citations omitted.

For more information, see Tennessee Child Support Answers to FAQ’s.  For legal updates, news, analysis, and commentary, visit our Tennessee Family Law Blog and its Child Support category.