I live in Indiana and have just been ordered to pay child support on my 19 year old son that receives $449.00 a month from SSI for himself. I am to pay his father $88.00 a week for support. Should the SSI be counted or considered in anyway toward figuring the support amount?
By Sharon from IN
If your son is 19 he is beyond child support age, especially being he gets SSI. If he lives with his dad he should be giving part of his SSI as room and board. I have a 42 year old daughter living with me and I received child support payments for her until she was 23. She was also receiving SSI, but a smaller amount, because of the child support. I was her protective payee on the SSI, and when she was 23 I decided I was tired of arguing with my "ex" about letting him quit paying support, so I went to an attorney and had papers drawn up saying I would relinquish the child support if he sent me a certified check for $1,000 in back support and $1,000 for the way he had been hassling me.
When I was no longer receiving child support, my daughter's SSI went up to almost enough to equal the support I was no longer receiving. The funny part is that when we got divorced in 1983 my "ex" signed papers saying he would pay support until our daughter was able to support herself, if ever. If you have been paying support all along, and your son is receiving the amount of SSI that you said; if his dad would give up the support, your son would relieve more SSI. I would talk to an attorney. Is your son able to live independently, if so he could move into an apartment that is subsidized by HUD, or into a group home. Who has custody of him? (06/18/2010)
I'm not trying to be rude or anythin, but I don't understand why people ask these types of questions here. I would think it would be wiser to check with a legal aid department in your county/state to get the correct information instead. We can all give our opinion and histories, but that is really not the solution needed.
Every state and even sometimes the different counties within the state have different guidelines as far as child support. You can most likely get a free or cheap legal consult by contacting your state's bar association (look in the blue pages of a phone book or online at the county website) or legal aid department for your county and then you would know your rights. Most attorneys will give you a first appointment free and some will work pro bono (free) to help certain clients. If your income is low then you can probably get free or cheap legal help from the county. I lived in a county in Pa that provided a free attorney for you regarding child support and another county I lived in did not.
You might also want to contact Social Security but remember that some states have disability so it might be a state issue not a federal issue.
Bottom line is this is a legal issue and no one knows better about legal issues than an attorney and in this case a family law one is the best.
Good luck! (06/19/2010)
SSI is to compensate for living expenses. Do you really want your child to live without things because you do not want to pay for a child of yours? I have a disabled child and his father does not pay on him either, what gives you the right to decide you should not have to pay anymore especially when the child is disabled. I pay whatever I need to out of my pay checks to make my son's life more enjoyable, he can't help it he's disabled. I pity you. (06/19/2010)
I am sure the child's SSI money does not cover all his food, clothes, and other needs. Why should you not contribute to the welfare of the person you brought into this world. $88 is not much money. (06/19/2010)
I have a few questions:
Is your child disabled? Is this $88.00 a week for back unpaid child support? Did the family courts set a certain age that you must pay child support for if this is not back pay?
Does the family court know the child receives social security?
Who has legal custody, if any, and if so why when the boy is over legal age?
Does your child still attend school because from my understanding about child social security, unless the child is disabled the money is paid to the child until the age of 23 as long as they are attending school (at least that's the way it used to be).
I am also confused about paying child support for a 19 year old unless he is disabled or ordered by the court for some other serious situation. Child support normally legally stops on the day the child turns 18.
Please give us a few more details so that one or more of us will be better able to help you. I wish you the best in finding answers and solutions!
If the son is 19, and getting a disability check, the payments for child support stop at age 18 or upon completion of high school that year. SSI cannot be taken as part of child support. If your former husband gets a disability check or social security, minor children get their stipend. This is a federal issue if it is SSI. Any federal money must follow national regulations across all the states.
Could this be backed up money owed from the child before age 18?
Make sure you have paper trails all the way around, including no cash handed over. If this is child support ordered, you can issue the money to the court or social services to be paid over in a check to go to the right places. Do not hand ex or child the money.
Get receipts. This can be used on income taxes as well. Follow all points of the law. Some states you can end up behind bars if you don't follow court orders.
My question is age 19 it should be a state thing if the child is disabled. You apply for guardianship of the child with disabilities. My mom was my brother's guardian since age 19, which made sure he was not a ward of the state. He lived in many group home situations until he died recently of cancer.
Make sure you make paper trails! (06/21/2010)
By T&T Grandma
By T&T Grandma
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