My ex husband and I have been divorced for three years. After the split he filed for SSI with a claim of mental health issues resulting from my leaving, and he got approved.
So now I have a three year old little girl who literally gets nothing from him and I was wondering if since he gets SSI if she could draw from that and receive help as well. There is no court ordered child support agreement, since he had no income at the time I filed. I just said I could do it on my own (I really really just needed him to stay away from us). So what can I do now?
By Heather from Indianapolis, IN
The child should be eligible. Check with your social security office. (12/03/2010)
SSI cannot be garnished for child support. If he were receiving Social Security Disability (SSA) benefits your child could also be signed up to receive from his account. Unfortunately, unless he becomes employable and gets a job and ceases to receive SSI or is somehow deemed eligible for SSA/disability benefits, you are at a stand still on receiving anything from him. Sorry. (12/03/2010)
Call your Child Support Office and ask them some of these questions. (12/03/2010)
Don't ask advice from people who may not give you the correct answer. Look at the different answers you got from here. My opinion is that you can get something for your child. It will not be taken from his benefits, but will be based on his benefits and will come from Social security. Please call or go to your local office. They will not "run you through the mill". That is not what they are paid to do. They will treat you with respect and see that you receive anything you are entitled to. (12/03/2010)
I agree, contact your local SS office. My ex was on S. S. disability and he worked with his case worker to get S.S. benefits sent to me for my son. I was lucky enough to get over $500 per month for several years until my son turned 18.
As others have said, seek the council from the Social Security Office themselves. The are very helpful with these situations. The only thing not in your favor is there was no court ordered support at the time of your divorce. They may say he has no legal obligation to you and not be able to help. The only thing you can do then is ask him directly. Sorry, it doesn't sound like he has any interest in helping you and your daughter.
The only other possible thing would be to consult a lawyer. If you were not awarded child support at the time because of him being unemployed then that might be something that can be changed now that he is on SSI. From your description it sounds like he is actually on Social Security Disability. That is a whole other ball of wax. Again talk to the SS Office. (12/03/2010)
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