Child Support Payments and Social Security

My ex-husband informed me he will retire at age 62, very soon. He says my son will be eligible for social security. Does this mean his monthly child support payments will end?

By Mari from Wenatchee, WA

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March 25, 20070 found this helpful

It is my understanding that when a parent collects disability, each of that persons children is also eligible to collect SS disability payments too. You may already know this. But I'm not sure about the catching up part. Good luck.

Editor's Note: It might be worth calling the SS office to check but his children should be getting their own benefit as well as possible back pay and if you are their guardian, you will be the trustee.

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September 20, 20100 found this helpful

Call Social Security.

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September 20, 20100 found this helpful

How old is your son and is he disabled? Just because your ex-husband goes on social security doesn't mean your son will get it, The way I understand it from talking to many different people kids only get social security if they are disabled or if a parent dies, then they get survivor benefits. When I got divorced in 1983, my developmentally disabled daughter received SSI after I applied for it and her Dad also paid child support. In fact he was paying support before I applied for SSI for her. But calling social security for answers would be your best bet.

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September 20, 20100 found this helpful

Yes, call social security. If your ex is going to start collecting SS he is still responsible for child support if your child is under 18. Social Security may start sending you a check to help compensate what he needs to pay you but he will still probably be paying you.

I went to Social Security Disability two years ago after a medical incident that keeps me from working. I told Social Security about my child support requirement. They started sending my ex wife checks each month that cut my payments from $900 to roughly $300. But I am still obligated to pay until my kids turn 18. Not sure how that applies if the child is disabled. That is a question to ask as well.

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Anonymous Flag
September 21, 20100 found this helpful

Please visit your local Social Security office to talk to them personally and get an application with instructions of what they need to know and for you to submit to them. And please know that despite another poster saying they think a child might not be able to get benefits because of a parent retiring, well, that is not the case. Here is an SS link that will be helpful to you:

http://www.ssa.gov/pubs/10085.html

Oh, and if the SS is approved, your ex will still be responsible for the child support difference.

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September 22, 20100 found this helpful

In my situation, when my son's father started receiving SS, my son received a SS check PLUS the child support. The child support was not affected. Good luck! The SS continued until my son graduated (he was 18 when he graduated he turned 19 in July after graduation) and the SS continued through his 18th year while he was a full-time student. The last check was the month he graduated. Good luck!

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September 22, 20100 found this helpful

Not necessarily, Mari. How much you get on SSI is determined individually, mainly by the amount of money coming into the household (all sources). If, however, your son is not living with you, then they would look at his income, as well as anyone else he might be living with. Like most government programs, they allow a certain amount for necessities. We did not stop getting child support until our child turned 18 (I've since learned, that is not always the case, with child support, either. Some people get it until the child graduates high school, or until they complete college- I guess, it all depends on how they stipulate it in your child support order). The best thing to do would be, to just ask. If you don't know the answer, it's always best to inquire, rather than "guess," or not ask at all.

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September 23, 20100 found this helpful

A good point from others, call Social Security. When my X went on SS I started getting 150.00 a month even though he owes me about 20 grand. I think they base your son's child support on how much SS the x gets.

Do give them a call and find out. Good luck to you.

Gem

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Child Support Payments and Social Security, Paper entitled Child Support Hearing.
Child Support Payments and Social Security
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