Child Support When a Parent Is on Disability (SSDI or SSI) in Illinois

Does SSDI count as income for child support in Illinois?

Yes. Illinois child support starts with each parent's gross income, which the statute defines as "the total of all income from all sources," and Social Security Disability Insurance (SSDI) is not on the list of benefits that are left out (750 ILCS 5/505(a)(3)(A)). So a parent's own monthly SSDI benefit is part of that parent's gross income.

The statute names two groups of income that do not count as gross income:

• benefits the parent receives from means-tested public assistance programs, such as Temporary Assistance for Needy Families, Supplemental Security Income (SSI) and the Supplemental Nutrition Assistance Program; and
• benefits and income the parent receives for other children in the household, such as child support, survivor benefits and foster care payments.

Section 505 also speaks to disability directly. Social Security disability and retirement benefits paid for the benefit of the child in the case must be included in the disabled or retired parent's gross income when that parent's support obligation is calculated (505(a)(3)(A)).

Gross income is then reduced to net income, using a standardized tax amount unless the requirements for an individualized tax amount are met (505(a)(3)(B)). From there, the court applies the guidelines in Section 505 to reach a support figure. Our guide to 750 ILCS 5/505 walks through those steps, and our child support calculator gives a rough estimate.

SSI is not counted as income

Supplemental Security Income is not counted, because Illinois leaves benefits from means-tested public assistance programs out of gross income, and the statute names SSI as one of them (505(a)(3)(A)). SSI and SSDI are different benefits with similar names, so check your award letter to see which one you receive.

This difference matters a great deal. A parent whose only income is SSI has no gross income for child support purposes and falls under the zero dollar order rule explained below. A parent who receives SSDI has gross income, and support is calculated from it.

The credit for benefits paid to the child

When Social Security pays disability benefits for the child to the other parent, the disabled parent gets a child support credit for the amount of those benefits. The statute says the disabled or retired parent "is entitled to a child support credit for the amount of benefits paid to the other party for the child" (505(a)(3)(A)).

For child support and SSDI benefits paid for a child, this works in two steps. First, the benefit paid for the child is counted in the disabled parent's gross income for the calculation. Second, the amount the other parent receives for the child is credited against the disabled parent's obligation. As a simple illustration with made-up numbers, if the calculated obligation were $600 a month and the child's benefit paid to the other parent were $400 a month, the credit would cover $400 of the obligation. Your order controls how the credit is applied in your case.

Section 505(a)(3)(A) does not say what happens when the child's benefit is larger than the calculated support. If that is your situation, ask a lawyer before you agree to an order. Keep copies of the Social Security award letters for you and for the child, because the court will need the exact amounts.

When a zero dollar order applies

A zero dollar order is presumed for a parent who has no gross income, who receives only means-tested assistance, or who cannot work because of a medically proven disability, incarceration or institutionalization (750 ILCS 5/505(a)(3.3b)). For those parents, there is a rebuttable presumption that the $40 per month minimum support order does not apply and that a zero dollar order will be entered.

"Rebuttable" means the other parent can try to show that a zero dollar order is not right, for example with evidence of other income. A parent relying on a medically proven disability should be ready with medical records, and a Social Security award letter may help explain the condition.

The minimum order is a separate rule. There is a rebuttable presumption of a minimum obligation of $40 per month per child, up to $120 per month in total. It applies to a parent whose actual or imputed gross income is at or below 75 percent of the federal poverty guidelines for a family of one person (505(a)(3.3a)). Under Public Act 104-733, that threshold rises to 100 percent of the poverty guidelines on January 1, 2027. Neither version changes the zero dollar rule.

Disability can also raise costs. The guideline amount is presumed correct, but the court may deviate from it if applying the guidelines would be inequitable, unjust or inappropriate, and it must explain the deviation in written findings. One listed reason is extraordinary medical expenditures necessary to preserve the life or health of a party or a child (505(a)(3.4)).

Changing support after a disability starts

If a disability starts after support was ordered, file a motion to modify promptly, because support can be changed only for payments that come due after you give the other parent due notice of the filing (750 ILCS 5/510(a)). Waiting for a Social Security decision before filing can leave months of the old amount in place.

A child support order can be modified on a showing of a substantial change in circumstances (510(a)(1)). Whether a disability, a new SSDI award or a new benefit for the child is a substantial change is for the judge to decide. Read how to modify child support in Illinois for the steps, how to enforce an unpaid support order if payments stopped, and when child support ends in Illinois.

Getting help with a support case

The firm can review benefit letters, prepare a financial affidavit, calculate the guideline figure with the credit, and present the case to the court. Chicago Family Attorneys handles family law only, for clients in Chicago and Cook, DuPage, Lake and Will Counties, from its office in Chicago.

Before you call, gather the Social Security award letters for you and for the child, recent benefit statements, any pay stubs, your last two tax returns, and medical records that show whether you can work. In Cook County, the Financial Affidavit, a standardized statewide form, is part of the mandatory disclosures in support cases (Cook County Circuit Court Rule 13.3.1, as described in the court's Domestic Relations FAQ); see how to fill out an Illinois financial affidavit.

Limited scope help covers drafting from $500 and one hearing appearance from $1,200. Full representation is an initial payment of $1,500 to $2,500, then $500 to $650 per month beginning 30 days after the initial payment while representation remains active. See child support lawyer fees. Fees are confirmed in writing before you engage the firm, and no lawyer can promise a particular result.

Consultations are by phone; a free weekend consultation is available by Zoom. Call 312-965-5618, or visit our Chicago child support lawyers page.