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Tricia L. Edwards
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, March 28, 2001 - 4:48 pm: | 
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I'm the mother of two children (4 and 18 months old). The father of my children has not paid me anything towards child support due to the fact that he collects a SSI check. I have gone through social services and child support agency, and both agencies have told me that they could not force him to pay child support due to the fact that he collects a SSI check. My question is there anyway I can go through Social Security to get them to file a claim against him in order to receive some kind of support from him? |
Paul McChesney
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, March 30, 2001 - 5:27 am: |
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I am sorry, there is no provision in Social Security law to pay a portion of SSI checks to children. If your children's father was qualified for Social Security Disability, they would probably get a small check.
I would not give up on child support through the family courts. That is a state law question, the answer to which varies from state to state. |
Anonymous
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, February 23, 2001 - 10:45 pm: |
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If the custodial parent gets SSI for a 7yr old child does it limit the amount of child support that the father should pay? |
Paul McChesney
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, February 28, 2001 - 4:59 pm: |
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There is no restriction in the Social Security Act on the amount child support. That is a Family law question; you would have to ask a family law attorney in your state.
Receipt of a very large amount of child support might affect the amount of SSI the child receives. |
Dave G
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, August 28, 2001 - 6:30 am: |
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I have a child who is legally blind, when she reached the age of 21 I stopped paying child support. She started collecting SSI benefits at that time. She is now 23,and because of poorly written divorce papers, I'm being ordered to pay 2 years of support and to continue to pay until this child is employed. My question,is my daughter liable for an overpayment of 2 years worth of benefit money?
Reply by Paul I cannot answer the question based on the facts you give. If she is drawing Social Security Disability that check is not affected by any child support you give her.
If she is drawing SSI, frankly I am not sure. I believe the income counts in the month it is actually received. If you paid child support in those past months it could affect the amount of the check she is due for that month; and if she is ever paid too much she will be obliged to pay back what she was overpaid, subject to some complex exceptions.
If it is a problem for her, you or she should check with a local social security attorney. |
jean
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, March 12, 2002 - 9:55 pm: |
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my son lives with his mother and is getting social security under his mother and me and the her law is saying that i have to pay child support beyond by disability check when i do not work and only collect social security. Is this legal and what can i do about it?
Also am I lieable for her lawyer fees when his mother took me to court for child support?
My son is 21 year old with autism and is soon to be finishing school.
Is it legal for my son to be force to go back to school so his mother could receive child support? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 16, 2002 - 6:13 am: |
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Jean, I am no great child support expert; you should ask a family court lawyer in your city and state. |
Barbara Harrison
Rating: N/A
Votes: 0 (Vote!) | | Posted on Friday, March 08, 2002 - 9:18 am: |
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If a custodial parent is receiving SSI, and the noncustodial parents order for support is $410. a month, can the State keep some of the child support payment to repay the SSI? |
Paul McChesney (Admin)
Rating: N/A
Votes: 0 (Vote!) | | Posted on Saturday, March 16, 2002 - 6:34 am: |
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Sorry; again this is a child support question, and I claim to be no great expert as to such questions. Further, child support answers vary from state to state. Keep searching for your answer. Take care. |
Bert
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, December 02, 2004 - 8:47 am: |
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I am going on permanent disability with a terminal disease. The SS payment to my daughter will exceed my CS payment. Is this another State and family law matter of what is the historical opinion. |
mom
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, December 15, 2004 - 3:26 pm: |
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I have been raising my step-daughter for the last five years, before that I helped to pay child support for her for four years. Her biological mother has not worked for the last five years since after my husband received full legal custody and the biological mother was ordered to pay $150 a month in child support. She never has and now she is claiming to be disabled but hasn't worked. What type of Disability will she receive if she is approved SSD or SSI? Will we ever recieve child support if she is awarded Disability? |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 937
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, December 30, 2004 - 7:24 am: |
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Q. What type of Disability will she receive if she is approved SSD or SSI?
A. Usually, SSI is the most common benefit for someone who has not worked. Widows, widowers, and people disabled since childhood can receive benefits based on their deceased spouse or deceased or disabled parent's record, but it doesn't sound like these apply to her.
Q. Will we ever recieve child support if she is awarded Disability?
A. Maybe. Child support is a Family Law question, decided by the rules state law in your area. If she really is disabled and gets SSI, you can ask a local attorney whether you might get child support from her.
Another possibility is that she only claims to be disabled. If you can convince the Family Court of this, they might fine her or invite her to be a guest of the state until she pays support. Again, this is a state law question and you should ask an attorney in your state.
Take care. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 938
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, December 30, 2004 - 7:38 am: |
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Bert: I am sorry to hear about your illness. I assume that you mean "child support" by "CS." If so, I am also sorry you have asked a state law question. Down here the Family Court usually lets you off, but not automatically; you should sit down with a local family lawyer. Take care. |
luannkayjones (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Thursday, March 09, 2006 - 1:45 am: |
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I have a concern.. My EX- husband recieved ssi- disability payments ( Aa lump some)at the start of our divorce. I left him his money and the home to him as he also kept our children, ages now. 21, 18 and 11. I never asked for a dime.. Now our 11 year old is staying with me. He continues to keep the money he gets for her.. He remarried to a Filipino just months after the divorce and he sends her money.. he dose not live in usa as of todate.. What can I do if anything ?.. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1119
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 1:32 pm: |
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Luann: That is a family law question. Talk to a family lawyer in your state. |
Gail (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 12, 2006 - 9:14 pm: |
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The father of my child became disabled, and he has other children by a previous wife.
My question is:
Does SSD allow one set amount of money to be divided equally between all his dependants, or are each given an equal payment based on his total earnings from work. |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1118
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 1:29 pm: |
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Gail: The answer is somewhere in between. Theoretically each child gets half of his benefit amount if he is disabled, but all the beneficiaries togeher are limited by the "family maximum," which as a practicl matter means that usually, all of his kids and any others that are entitled will share a fixed, limited amount, sharing it equally. |
W.B. Allen (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Wednesday, March 15, 2006 - 6:26 pm: |
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I've been divorced in VA for 5 yrs. My wife has primary custody so I was ordered to pay child support. I was recently found "disabled" by Social Security. I now make only $603/month SSI check. My child support is supposed to be $850/month. Can I simply have my Child Support set aside because I was found disabled and therefore unable to work by a federal agency? If not how can Virginia tell me to keep paying when the Feds say I am disabled/unable to work?
Anonymous |
Paul McChesney (Admin)
Board Administrator
Username: Admin
Post Number: 1117
Registered: 5-2004
Rating: N/A
Votes: 0 (Vote!) | | Posted on Sunday, March 19, 2006 - 1:27 pm: |
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That is an excellent family law question! You need to hire a family court lawyer immediately! If you cannot afford that, talk to legal aid. Take care. |
DIANEWILLIAMS (Unregistered Guest)
Unregistered guest
Rating: N/A
Votes: 0 (Vote!) | | Posted on Tuesday, May 23, 2006 - 11:44 pm: |
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MY GRANDDAUGHTER FATHER HAS BEEN RECEIVING SSI SINCE HE WAS A CHILD, HE WAS BORN A HEMOPHILIA AND WAS CONTRACTED WITH HIV THROUGH A BLOOD TRANSFUSION HE HAS A 5 YEAR OLD DAUGHTER, IS IT POSSIBLE FOR HER TO RECEIVE SOME TYPE OF BENEFIT FROM THIS? |
