Parent on disability and child support???

**mmy2grls** · 02-25-2009, 10:16 AM

My ex has not paid child support in years, well he has paid $150 since. I had his past child support forgiven and asked the court to lower his monthly support to the bare minimum, it was changed to 70 a month. He still hasn't paid even though it has been lowered.

He applied for social security disability last summer and just got approved for it. My question is can the state take out the 70 a month child support from this? This is the only way I would recieve anything from him.

I'm not trying to come across as greedy. My 8 year old is starting to get expensive tastes and likes to have a little money. If I could get a little bit of money from him it would help me out.

**Lady_V** · 02-25-2009, 10:25 AM

You may want to call your local SSI office and anonymously ask if the child stipend can be sent to the custodial parent. Not all states make someone on SSI pay child support.

**nodmicks** · 02-25-2009, 10:26 AM

As far as I know yes they cabn garnish it for child support. Your not greedy at all. You deserve and need that $ for the kids. I think you were way generous to forgive the past child support.

**mhope** · 02-25-2009, 10:51 AM

Originally Posted by mmy2grls

My ex has not paid child support in years, well he has paid $150 since. I had his past child support forgiven and asked the court to lower his monthly support to the bare minimum, it was changed to 70 a month. He still hasn't paid even though it has been lowered.

He applied for social security disability last summer and just got approved for it. My question is can the state take out the 70 a month child support from this? This is the only way I would recieve anything from him.

I'm not trying to come across as greedy. My 8 year old is starting to get expensive tastes and likes to have a little money. If I could get a little bit of money from him it would help me out.

If he is getting SSI your child sure also be getting SSI. You need go to Social Security Office talk to then in person. Do not call them.

**sueh** · 02-25-2009, 12:08 PM

My sister gets SSI disabitlity and she has 3 kids. She gets an allowance for each child. I would find out if he is getting that for your daughter and that $$ should go to her. At the end of the year she needs to supply SS with documentation of how the $$ is spent on her children.

I don't think that you are greedy at all. He should be helping to support his child. My ex is collecting uneployment and he says that he can't afford to pay me. You were quite generous forgiving his past amount. I too am generous but not that generous. He owes me 3K and I told him he better start paying up ASAP!

Good luck!

**mombottoo** · 02-25-2009, 12:13 PM

Your children are entitled to benefits under SSDI and should be getting checks. However, if your ex is getting SSI then the children do not qualify for benefits. There is a big difference between SSDI and SSI.

If he is getting SSDI, then call SS and explain your situation to them to find out how to get your children the benefits they are entitled to under the law.

**dolphin** · 02-25-2009, 12:27 PM

I believe you will find that your child will get much more than the $70.00 per month. You need to either go into your local Social Security office as a walk-in or call for an appointment. You MUST take your childs Birth Certificate with you and her Social Security Card and I believe they also need the name & address of her school. I had to send a transcript but my son was much older at the time. You will also need to have your "Ex" social security number if at all possible.

Your child should be eligible for approximately 1/2 of the amount of SSD that your Ex is receiving monthly until she is 18 or 19 if still in High School. But!!!! You need to discuss this all with your attorney first since your "Ex" could possibly receive the check for your child and just send out the court agreed upon amount which is probably way less that she would get if it all goes to you. (this happened to my sister so you really need to get some legal advice before you act.) But, since you have full custody of her, that probably won't happen to you.

Know what else??? Your child should also receive 1/2 of the amount of "Backpay" money that your "EX" received for that disability period covered while he was waiting to be approved excluding approx. 3 months. (Yes, he more than likely did or will soon receive a check for probably thousands of dollars!) I was approved 1 1/2 years prior to the date I filed so my son got a huge backpay check also.

Now all of this depends on what kind of Social Security Disability he is receiving. If he worked long enough to draw from his own past employment credits then the amounts of money and the rules will be much different than if he is drawing from the Social Security Insurance fund that is used when a person does not have sufficient work credits. Keep in mind, the money would only be available for as long as your "Ex" is considerd "Permanently Disabled". If he is determined able to return to work, then the checks would stop approx. 3 months after he goes back to work.

If your child does end up getting a monthly check and backpay money , you must keep very accurate records of where the money is spent because you have to send in a report to Social Security. But don't worry, even things like rent, computer repair, vehicle repair, school tuition, groceries are all considered expenses needed to support your child, just keep a running tally and receipts. They want to make sure that you didn't go out and blow the money and that you are capable of being in-charge of your childs money.

If you have any questions, I'll be glad to help but your best bet is speaking to your divorce attorney first and then social security.

Hugs and Good Luck!

Carolyn

**mmy2grls** · 02-25-2009, 12:42 PM

Wow, this is a lot of info. I know he's permanent disability from a brain injury. I'll have to talk to my ex on the phone and see if he knows anything

**dolphin** · 02-25-2009, 12:43 PM

My sister is on SSI not SSD. She didn't have enough work credits to be on SSD. She got a $7,000.00 backpay check (and had to keep a running account of what she spent it on) and since she was not physically able to care for her 8 yr. old child on a daily basis, her ex has physical custody with her having visitation rights every other weekend. Her Ex gets a check for her daughter in the amount of approx. $70.00 per month from my sisters SSI. Her monthly SSI check is approx. $700.00 per month so I figure SSI pays dependent children approx. 10 % of the parents SSI.

Whereas, I made approx. $800.00 per month when I first was declared "permanently & totally disabled". I got SSD because I had worked for more than 25 years and had enough credits to draw from my Social Security Pension and my son got approx. $400.00 per month for a couple of years until he turned 19 because he was still in high school.

I hope your Ex is getting SSD....Fingers crossed.....

**antkaki** · 02-25-2009, 12:57 PM

if he was given disability she can survivors benefits from his disabillity...usually 20% of what he gets...call ss and inquire about it or check the ss website.

**rainbowgc** · 02-25-2009, 03:03 PM

Your children are entitled to benefits under SSDI and should be getting checks.

I totally agree and I also think you are shortchanging your child and letting dad off the hook at $70 a month.

**mmy2grls** · 02-25-2009, 06:36 PM

My ex says his letter states SSD and he's getting $2600 a month and he's getting back pay from August when he applied. He said he gave my daughters info as well. So I guess i'll wait and see what happens

**HandyMom** · 02-27-2009, 02:08 AM

I seriously doubt your child will get half of his SSI. We get nothing close to that from the ex. My ex is on SSI and my DD does qualify as a dependant child but she only gets a small amount which is divided equally among his other child and his wife. The most DD ever got before he married and had another child was $107 a month. Then it was divided when he married and had another child. She now gets only $82 a MONTH. From what he's said, he only gets about $700 a month from SSI for himself.

The court said I had to accept this in lieu of child support payments. I had no proof of him working and he put everything, business included, in his wife's name to avoid paying child support.

**dolphin** · 02-27-2009, 03:19 PM

Lord Almighty!!! That's wonderful! He must have had a very high paying job to have so much credits built up in his SS Pension and to be so young!

I hope it all works out for you but since you have custody of your dd, you do have the right to at least call SS and find out the details. Ds's portion did not come automatically even though I submitted the paperwork along with mine. I had to call them and ask about it and then they finally started his. So, keep checking on it.

**mmy2grls** · 02-27-2009, 03:55 PM

He worked at Fords Truck plant building cars since he got out of high school. I'm gonna contact the friend of the court and see if they would take care of it for me.