When a parent who has been required to pay child support also receives Social Security, one or both parents may be confused as to how this works. There are certain permissions and restrictions on what can be garnished from Social Security payments. This is a guide about child support payments and social security.
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Win the war in the end! Pay your child support. Non custodial parents: when your children are grown they will respect you so much more if they know you paid your part to get them raised.
If you are married to someone that owes child support, make it your responsibility to see that your step children are taken care of financially. If you owe back child support that means the custodial parent has given you a loan, pay them back.
Of course, the custodial parent is not spending the money exactly like you would spend it and they might appear to have more than you but if you pay you can ultimately hold your head up and your place as their parent (notice this is non gender). If your circumstances have changed since your order, file the necessary paperwork and have your child support revised (you can do this without an attorney), but do you part!
You know, most often we ask for answers to questions because we cannot find a solution to our problem and hope someone else knows the answer. But in the case of SS benefits and child support etc, the answers are readily available from the SS office. Why not go where you know you will get a correct answer instead of where you might get misinformation? Call the SS office or go on line to them with your question and your problem is solved.
By Lilac from Springfield Ma
My solution for problems with child support payments is that you must absolutely document EVERYTHING and keep that documentation until either the non-custodial parent dies and any children are over 18 or the end of time, whichever comes first.
When in doubt, ask the question, write down the person's name and the answer, date and time, etc. If you are required to send information to the courts, make a copy before you mail it, and send everything certified mail, so you get a receipt. Most of all, be consistent, be thorough, and file things on time!
Source: My own experiences of 13 years fighting for child support.
By Eileen M. from Elk Grove, CA
Your child is eligible to draw social security if one of his or her parents draw. If it is less than the court ordered amount, the parent would have to pay the extra. The parent drawing SS can also go to court and get an adjustment in thier payments. Most of the time what SS pays the child is about half of what the parent draws.
If you call SS office or better yet, go there and they can answer your questions, Also, your County Atorney's office on child support can answer questions.
By HAPPYINHARNED from Harned, KY
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Here are questions related to Child Support Payments and Social Security.
What if the father of my two sons is dead and he owned me child support? The boys are 18 and 20. Their father was receiving Social Security when he died. Will I still get the money he owned me?
I think the cut off age for a child of deceased is 18. I know you can't collect SS on a 20 year old as one person posted. That is incorrect information.
My ex-husband stopped paying his court-ordered child support approximately six months ago. I have made several attempts to reach him, to no avail.
He does not live in the United States anymore, and currently lives in Europe somewhere, but I am unsure of where since he is now remarried to a German woman. He is not in the military, I don't know where he works, and he has never shared his phone number with me or my children. He has not called the kids in more than seven months, and I am guessing that he has no plans to do so in the future.
I am not trying to force him to pay the child support, but merely protect myself and my kids. When we split, we decided on shared custody, 50/50, and now that he can't be found, I am not sure what to do. My fear is that he will reappear and take my kids and I am powerless to do anything about it. If he can't be served because he can't be located, what should my next/first step be in order to attain full custody of my children?
Get to your state or county family support or child support office ASAP! You need to get in writing the apparent abandonment, and get full custody of your kids ASAP! Best of luck to you.
Is there a way I can collect back child support from a deceased ex-husband? We had been married over 10 years, but he was behind in child support when he died.
You may also want to find out if your ex had left any assets. You may be able to get relief from that source but you may have to hire a attorney to petition the court to gain any access for back child support.
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
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.
I am paying child support and my daughter is receiving Social Security benefits since I am disabled. Where can I look to see if the state can remove the garnishment or lower it?
By Carol in PA12/26/2012
I would contact the Social Security Administration via the toll free number. They are equipped to answer your questions or tell you where you can call to get the correct answer. Don't procrastinate. Do it.
A friend of mine was recently ordered to pay child support. The only income she currently has is her son's SSD check. Is that legal?
By Kelli B. from Challis, ID
This is a case where she needs to go to the Friend of the Court of the courthouse that ordered this. She has to give them the information on her income. No, it is not legal for her to pay it out of that income, but she won't get it stopped if she doesn't let them know her situation.
It may even require a court hearing - but it is worth it if necessry.
I signed over primary custody to my ex-husband back in 2003 when I became sick and was going through a divorce at the same time. I felt it better for my son's sake at the time rather than a long mud slinging divorce and custody battle.
It was court ordered in 2003 that I pay my ex-husband $37/week even though I was not working and he was making over $80,000 a year. He had been the bread winner for most of our marriage.
I also filed a social security disability case in 2003. Because I was hardly able to work, I had become behind in my child support. My ex-husband came up with a figure of being in arrears $7000 when we went back to court in 2008.
I took him to court in January to enforce my joint custody rights. We then came up with an agreement that I would pay him $37 per week as per the court order and an additional $15 a week towards the arrears. The judge signed off on that and other arrangements we had made. My ex-husband did ask if I would sign off on probation. I agreed.
Although I was paying my child support ahead of time Middlesex County, New Jersey Child Support Probation put in to have my pay garnished from my job. They weren't even suppose to do this unless I was late, which I wasn't. In November of 2008 I won my Social Security Disability claim. I was awarded $1200/mo plus retro pay going back to 2003. I informed my ex-husband to go to Social Security and see what he could get for my son since I had signed over primary custody, but I still had joint custody.
Just from what I know, he received $25,000 retroactive back to 2003 for my son from my disability fund. He has been receiving a monthly check for $638/month, plus when I was collecting unemployment they were garnishing that $52/week. They also starting garnishing my SSD check for another $52/week for child support. Along with collecting 3 different checks for child support from my SSD fund, he also had my tax refunds, stimulus checks, rebate check, and anything else I was due to receive garnished for payment towards arrears for the original $7000 he said I owed.
My ex-husband is re-married with another child. He makes at least $85,000 a year through a job my father had gotten him with the Ironworker's union. I receive, after the child support garnishment, $950.00 a month. Without the child support garnishment I would be receiving $1196/month. That is my whole income.
My ex-husband, as of now, since my unemployment ran out is receiving close to $1000/month in child support alone. I also have my son on the weekends and he refuses to send him with any clothes, shoes, etc. He says I should also be buying my son's clothes. He and his wife both work and make well over $150K a year with child support included.
Is this possible that he can be collecting this much in child support from my SSD fund? Shouldn't that $25K in retro money he received have gone towards anything I had owed towards arrears. They are still garnishing me for arrears also. What can I do?
By Kelly C.
Oh, Kelly! Your ex sounds like a real piece of work - shame on him and your father, both! You deserve far better than you're getting from either of these so-called men. (I'm sorry if this offends you, but if it were my husband, he'd never stand with a husband who exploited his daughter as this guy's so obviously doing you.)
Ignore Shelyn. Listen to Redhatterb. If it were me, I'd start with your county's child support enforcement agency. I know it's tough to get them to do their job, but keep pushing. I hate that you have to do this, but don't lose heart. Persistence pays.
Please help me understand this, okay? My son is 6 years old, his dad has not helped raise him since he was born. He recently got Social Security benefits, and I signed up to be C's payee. The back pay for Social Security went to his father instead of me, I then had his father send it to me. (It was was $218.00 short.) He has a daughter from a previous marriage. He got the same amount for her, but then he went and filed a motion with F.O.C. and got all of his arrears and child support taken away. Here is my question. Should he have gotten the arrears taken away because I got back pay from Social Security? And should he still have to pay child support? His ex wife went and filed a motion to stop paying him child support because he gets a monthly check for her as well and the judge ordered her to keep paying child support. So how did he get his child support stopped with me for C? I'm so frustrated and need answers. Please help!
By Sarah C.
Hi - I do not believe you will be able to receive legal advise from Thrifty readers as we certainly do not know all of the facts and could not give advise even if we did have all the particulars.
Most answers may be biased for many reasons so they may or may not "feel" that your ex-husband? should have to pay support whether he can afford it or not.
If you are receiving SSI for yourself and your child then the government gave you this without knowing anything about any other support you may have been getting for your child.
That means the government feels this amount is sufficient to take care of you and your child. I do not mean that it IS sufficient, only that many people do have to live on this amount and feel fortunate to receive it. You do not say what your disability is so no one can know your capabilities. We also do not know the cost of living in your area.
It appears your husband is drawing SSI also? For him and his daughter?
It appears the FOC decided to make his ex-wife continue support (did they reduce it?) so they did feel he needed it in addition to the SSI benefit. Support is not based solely on the amount due from the ex-wife but also on how MUCH money she makes and can afford to pay.
I believe that SSI decided your ex-husband should not (and did remove his past due support charges) have to pay because you received payment from the government for that period of time.
You really need to find an attorney (with SSI you will get an attorney free of charge - but - they may not be in your area).
You will have to see if the court feels you need support from him and it will be based on his income (the age of his daughter may also be considered - did he have this daughter before or after your son was born?) and his child support from his other ex-wife may or may not be considered.
This was long but I work in this field and I just wanted you to know that only an attorney can really help with this type of problem.
I make payments through SSDI to Arizona. My credit report fails to show any payments. I live in Florida; how do I resolve this issue?
I sincerely mean no offense but why in the world should those payments show up on your credit report? To increase your credit score or to make you feel better? They are not payments for a 'loan' such as mortgage, car, credit card, etc; they are 'support to feed, clothe and house your children that you brought into this world'! If those children lived with you the expenses you pay to feed, clothe and house them wouldn't show up as payments on your credit report either would they?
On the other hand, if you don't make those payments they will reflect on your credit report because it's money you 'owe to your children'. Nuff said.
If my ex-husband died and he still owed a lot of back child support can I still receive support from his social security?
Check with your local SS office, ASAP! They will not backdate the award to the date of death, only to the date you apply for the benefits. Get in there with your documentation and go for it! Good luck!
My ex-husband, who is unable to work, started to collect SS 8 yrs ago. He is now 52, since then we receive $457 a month for our son. He wants to try to lower the monthly payment in hopes that his own payment will go up. Can he do that, is it possible?
You should also contact your office of child support enforcement.
Can the state make you pay child support when the child also gets money from my SSA check?
We don't know if we don't live in your state. If they are making you do it then they can.
My ex is collecting Social Security. He never paid me child support the whole time my children were growing up. He worked under the table all those years and I never could collect, so I put a 10% interest on the unpaid balance. Well Social Security is taking his Social Security from him to pay back support. Can they take all your money when you owe child support?
I am in a similar situation. My daughters father has been working under the table or homeless for the past nine years. He owes me over 25k and has paid $277 ever. Last year he was hit by a car and remains in a rehab facility the last I knew. I just received a notice for wage garnishment and his employer is listed as Social Security. The order calls for a very large lump sum to be paid to me. Is anyone familiar with this process? I assume if he continues to draw SS Disability I will continue to receive a portion of those payments as well. I saw lump sum and thought too good to be true! Would SS just give me nearly half of his arrears?
I draw $764 a month SSA and the child draws a check too. So how much can be garnished out of my check?
I have always heard that they cant touch SS.
Is there a way to lower or cancel out child support arrears if the custodial parent signs a document? I have had custody of my now teen daughter for 5 years. Before that she was living with a relative from the age of 3 to 10. Throughout the time that my relative cared for her I supported my child fully; I was unable to provide a stable environment for a child. Unfortunately I did not keep receipts or document money transactions that where given. Is there any way at all to have my relative sign a document so that Child Support Enforcement can knock it down or completely dissolve it in full?
By Rebecca C.
Call the courthouse and ask if there is a self help program and make an appt. They will lead you thru it all. If not, you'll need to go online to the court forms (ask the courthouse which one you need) its easier than I thot. Ask for an OSC (order to show cause) /motion (same thing). Just write in what you said, make 3 or 4 copies and file it at the courts. If they charge you, you can ask for a fee waiver, but income needs to be very low.
o it right away or the amount you owe will climb if the people who took care of her are not nice and ask for arrears. You'll have to also send a copy to them, but you have to have someone over the age of 18 sign. Hope this helps.
I was recently awarded SSI and so my 8 year old son also was awarded money per month. His father pays child support through the child law enforcement system. I was supposed to take him back to court for more child support because his other daughter from another marriage turned 18. Will my son lose his child support that I think is still a father's duty? He hardly sees his dad and it's less than $70 a week. He tried to get it cut in half last year, but that didn't go over to big with the judge. Father of the year material right here people. We do get along great for our son though.
By De Ann M. from Tolland, CT
If my payee for my Social Security benefits owes child support, will they take the money out of her bank account?
My son's father lives in Marion South Carolina and I live in Maryland. He is on SSI so he sends me a letter saying that he no longer has to pay child support because he's on SSI now. This is not fair to me because he never paid when he was not on it. Please help.
I lived in South Carolina for many years and owed child support in CA. South Carolina has very strict rules on child support and WILL come after him. You need your state to contact SC and they will be relentless to get your money, including the back payments. SC does not like bad check writers and child support owers. Hope this helps and good luck
Do I understand this right? When I sign my child up for SS I will stop paying child support?
No, you do not have that right. What in the world made you think that?
My two children currently receive SS benefits from their disabled non-custodial parent. In our divorce decree its states a designated amount for child support, but what the children receive is less due to their non-custodial parent becoming disabled after the divorce decree was filed.
Would it be worth my time to rehire my previous family law attorney to attempt to get an increase in the amount that they receive on a monthly basis. What they currently receive financially is not enough, any additional financial help I receive is a loan that I have to back. I am constantly told by the non-custodial parent that they're not financially obligated to do anything more than the check the children receive, and the non-custodial parent is not following the visitation guidelines or have adequate living accommodations for visitation.
Hi - you do not give the age of your children so it is difficult to say whether you should be working to help support your children but it appears you are not disabled or you would be receiving some sort of benefit.
Are you receiving food stamps? Or any other assistance from your state? Have you tried these places?
If you are receiving assistance then this will be considered if you ask for support from your husband/ex-husband as well as how much money he receives as well as how much money you can provide.
In other words, you may wind up having to prove that you need more than you are receiving or if you need to try to provide more yourself. Most of the time it may be a little of both.
Please reread the advise redhatterb has given as everything they stated is right on as your family mediator will tell both of you. They are the only ones who can help you. Why would you even consider paying an attorney (in your situation) when plenty of help is free and usually very good. You do realize that someone has to pay that family attorney - either one that pays is just taking money away from your kids.
States do not usually like "dead beat" fathers/mothers and will help get whatever is due.
If you cannot receive state assistance then they must consider you are receiving sufficient income to provide adequate care for your kids. Just be very careful that everything you tell the mediator (or the state) is truthful or as close as you can provide. Keep good records as different agency's will have copies of all information you have provided.
As far as visitation goes, that is up to each individual as to whether they wish to participate. But! - if you are giving them a "hard time" when they wish to assert their rights then you may hear about this is court also.
All anyone here can tell you for sure is that you need to see someone in your own area and let them help you find the correct answers.
What if a person is on SSI, do they have to pay child support? And what about the back pay that he gets back, does that come to me?
By TT from Gadsden, AL
You can get a portion of his check every month but I don't know about the back pay. They normally charge interest by the month for the back child support. Good luck!
If my son's father receives Social Security, can I draw something for my son? I don't get child support for him because they can't touch his Social Security check. So can I draw something for him?
By Zara from St. Joseph, MO
If ex-hubby is getting SS Disability - each child gets 1/2 of what he gets. Example: he gets $1600 month - then each kid gets $800. The money comes from SS - it does not reduce ex-hubby's amount. It is intended to work as child-support to help the kids but it does not come out of his check. Hope this helps. Hope he helps you with it - it'd help his kids and not cost him anything! But you can do it on your own (just harder).
I have no idea about "normal" (over 70 yrs old) SS.
I pay child support for my daughter and her father gets SSDI for her. Will that change the support payment? Can he receive both? He is on disability not her.
Redhatter, you are mistaken. I'm in Pa, have a close friend and her hubby is disabled. They have 4 small children, and each child receives a monthly check, meant to meet the needs for that child.
I was ordered to pay child support of XX dollars. I am an elder parent and now on SSA retirement. The dependent's amount is 600.00 more than I was ordered to pay. Can I get the child support order removed from the court system?
My ex husband informed me that Social Security start taking money from his SSI benefits in June 2013 for child support. I didn't get any letter from Social Security or any child enforcement unit about this. I tried to call to talk to someone, but all I got was a machine. How can I find out about how to get the money?
All you have to do is call or go to SS office nearest you. You will need your husband's ss#. If he is drawing Social Security, you can also draw it on any children you have with him. If you don't know his ss# they will still help you find it. If you go, take your and your child's SS3 with you. Good Luck!
I receive SS. I have overpaid 10,000+ in child support. At one time I was behind on child support 12,000. But when I received SS my son received a check of almost 18,000. I have been receiving SS since 2011. My ex gets a monthly check of $996. And I receive $522.
My question is, will I receive any of that over payment back. My total check is almost $1500. a month, but I only receive $522. And my ex receives $996.
I was told by legal aid that I won't receive the over payment back. I couldn't get Medicaid because they said I made too much money. I was also told that about housing.Why won't I get the over payment? I'm entitled to that money. I don't know anywhere you can live on $522 a month.
There have been a lot of days where I had to go without food and feminine items. The system is messed up. The courts in Indiana didn't know of the fact that I was paying child support through SS. I want my money that I overpaid back. Any suggestions?
If you have a Legal Aid Society in Indiana, get an appointment with them as soon as possible. Here in Idaho they provide legal assistance without any charge. They got me my disability after we had been trying on our own for two years! Best of luck!
I am in receipt of Social Security for my self and my 1 year old daughter. If I claim child support does that effect the money I receive at the moment, or is that on top of the money I have just now.
By C B
First question: Why are you and your daughter receiving SS checks?
Or are you receiving SSI checks? - big difference..
Everyone should always tell the truth about how much money they are receiving at anytime but especially on government forms. Believe me, they usually already know your income or can find out very easily if it is reported anywhere.
I know there are plenty of people doing "odd" jobs to make expenses that go unreported but it is still a dangerous business. Getting "caught" and having to repay may not come at a good time in your life.
An acquaintance of mine was recently contacted by IRS about unreported earnings from a landscaping business and now he has to "prove" how he came to own all of his "things" with a very low reported income (and he will also have to repay any assistance he received from the government). This will really hurt his family for a long time. IRS is "demanding" records for the last 10 years!
And he may go to jail.. Sad story but it is being done and he believes that someone who worked for him reported him to the IRS.
My grown son is disabled (cerebral palsy, his physical ability is that of a 10 month old). I have over the years been awarded child support in excess of what SSI would provide for our son. My ex-husband (dad) believes that since SSI is available or an option should he not pay his support, that that should absolve him of his duty to support his son and that his son should get SSI instead. I disagree. I feel like SSI is a form of welfare and since our son has 2 parents who are both financially able to support him (we both work and make a decent wage), we should be responsible to do that, not have our son receive SSI because we no longer want to have that responsibility. Am I wrong?
If your son is disabled he is able to receive Medicaid Payments. He may be able to draw SSI from your husbands SS account. You can call or go to local SS office and find out. Now that he is an adult, he can draw money from the state. If you and your husband have money to take care of him, this money could be put in an account just for him incase something happens to you and / or your husband, so he can still get he care he needs. He should also be able to get Medicaid medical insurance that will pay for all his medical needs. Good Luck! I think your husband is right.
How do I go about getting child support from my son's father who is on SSI, I need to know if there's a way around the system that I can qualify for this. I know for a fact that his brother's wife is doing that. Now she gets child support for her three children from his brother and his brother is also on SSI. If you could please help me I would very much appreciate it.
Call or visit your local Social Security Office. They are the only ones who can answer this question for you.
If my 18 year old son for whom I pay child support starts receiving SSI or SSD, am I still responsible to pay child support? He is going to remain in high school until he is 21, but continue to receive a monthly check? I have never had a decrease in child support. In fact I still pay the same amount I have paid since the kids were born.
I have 4 kids and all are over 18 except my one who is 16 and has a baby and also gets state assistance. I have lost my job due to an injury and have been on workers comp and my salary went down a lot, but my exwife's support is the same. It doesn't seem right to me. Does anyone know if my ex might be responsible for an overpayment based on what I have been paying her? I just thought it would automatically drop off but have been paying all this money under changed circumstances. Thanks for your help.
I may be seeing things here a little differently than the others. What I picked up on is that you said you've been paying the same amount since the kids were born & that you have 4 kids but only 1 is under 18. Are yous still paying child support for the 2 who are over 18 & not disabled?
I think you are only legally obligated to pay child support until your child is 18, unless they are disabled in some way or in college. So if the older 2 are not disabled or in school, you should not still be paying child support for them.
As for the other 2, you still have to pay support for them. As for the amount, it is up to you to ask for a change, not your exes' obligation to do so. You need to do an internet search on child support laws in your state.
I have 2 questions. First, I have a small child who is disabled and I receive SSDI and I'm his payee. Now I just recently filed for child support, I want to know if the child support will affect or interfere with his SSDI?
My second question is, since I'm the payee, his father is trying to do the same. Is he able to do that? How many payees can there be?
Yes I can tell you from experience that it will come out of the payment until they reach a certain age. It isn't really fair though, is it?
If you have a child with a disability that will be lifelong, then make sure you ask the judge for lifelong child support that doesn't end when he or she gets to be an adult.
My husband and I have 3 children together. He has 3 children with his ex-wife. Two of his children with his ex-wife are grown (specifically 19 and 21). She has been on welfare for years.
My husband was injured and has not worked in 4 years. During this time he was fighting for Social Security. Now that he has been approved, they are taking over half his check to pay back child support and the 19 year old and youngest child are also getting SSI checks. I have lost my job and my children are the ones suffering. What can I do?
By jjfab from Portland, TN
I understand the father having to pay back child support. I don't understand how the children can also collect SSI checks. I thought the father had to be deceased before the children could collect SSI.
My child's father is on SSI and is court ordered to pay child support. I am told they can not garnish his check. I am also told they can not take his license or put him in jail for not paying child support. He is out here having all kinds of kids and doesn't have to support any of them. I don't think it is fair that he can have 10-15 and not be held responsible. What can I do to have him pay child support?
By Alexis S.
Sorry your ex mate is a dead beat! After 4 children and unable to pay his child support, the government should have the power to order him a vasectomy, but that's for another post. Go to your county attorney's office. They will advise you as to what can be done for you. It will be free. Your ex mate is disabled but apparently not too disabled for "NIGHT" work...Jk, Good Luck.
As what I have read Social security disability and SSI can not be garnished for any reason? If he had enough credits to get SSDI, you would be entitled to draw SS on both your children. He could be getting SSI until he gets SSDI, make sure you know.
I have two daughters with my husband. We broke up and he went after my children and won. I was not receiving SSI at the time. He left NY where we are from and moved down south. I haven't seen them for two years after he left New York to move to South Carolina. I moved down to South Carolina to be with him and my kids, but things aren't working between us. I'm receiving a SSI check and he works. Can he collect child support from me, since I am disabled? And if so, how can he get financial help when he has got a job?
I don't think your husband can collect from your SSI as that is a payment for someone who doesn't have the work credits to qualify for Social Security disability payments. However, if you're living with him and your children, I believe you could be in trouble and have to pay back some of your SSI as it is based on income need. I'm not sure if your children could collect payments, but I believe they can until they are out of high school.
The kind of Social Security that my ex-husband is on has been said to not be drawable. The SS office said this to me. ORS cannot draw anything from his SS and has never paid a dime for child support in the 15 years of our oldest child's life. He has assets and I'm afraid if I get a lawyer, he will take his name off everything. What do I do and has anyone ever come across this type of Social Security?
That might be SSI. Please, call or visit your local Social Security office and find out for sure. Call first and ask them what documentation you need, such as your child's birth certificate and the father's social security number.
My dad is about to get SSI and owes back child support from when I was younger. My mama stopped it, but he still owes something. Will Social Security take that from his pay and if so will I receive anything? I'm 18.
By K. Michelle
Talk to Social Security.
My ex fathered my 2 children, both still under 7 years old. We live in California and he has been receiving disability for the majority of his life due to a train accident. Are my children entitled to receive any benefits?
Check with your county office of child support or family services. Then check with the county where your divorce is from since they should have the support orders there. You may need an attorney, but maybe not. Good luck and stay on top of this - do NOT give up!
If a child is drawing a check from her father because he is on disability and the father gives up his right to the daughter and she is adopted will her check stop?
Hi - this is a very legal question so it would be wise to consult an attorney. Most likely, the check would stop if an "adoption" is legalized as the child no longer belongs to the "father".
I receive railroad retirement and Social Security. Child support is directly sent to the mother for my 2 children. Since her passing they are now being taken care of by their older sister who is named guardian, she is asking for a power of attorney in order to get child support transferred to her. I am 84 years old and need help.
By Robert F
Hi - this is much too complicated for any advice from this forum.
In my experience, generally support like this is given to the legal guardian through the court that approves the legal guardianship. If this was not the case, then the guardian will have to petition the court for this support.
I do not believe you should be giving a Power of Attorney to anyone except through the advice of an attorney. Perhaps you could talk to someone in your area that assists senior citizens like yourself. Ask for assistance in locating someone: try your local church, Shriners, Salvation Army.
If you do not drive then you should try to find someone who would be willing to take you to find help. Usually there is a Social Services number you can call for help with things like this - transportation and all sorts of help.
My girlfriend is on SSI and her daughter's father is on SSD. I was wondering if her daughter is eligible for any SS benefits?
By David C.
Hi - there is not very much information given here. First: is your girlfriend still married to the child's father? Or, if divorced was there a child support order issued?
It really does not matter as the only people who can give accurate information is your local Society Security office (in person - not on the telephone).
She can go "empty handed" and they will tell her what papers she needs to apply for assistance.
My ex is getting Social Security and the child gets a check that I receive now. If we get a divorce and he has to pay child support is the Security check considered child support or are they two different payments? The Social Security office says they can stop his security at anytime, so don't settle for Social Security only.
By Candy D.
I have a friend that draws SSI and he got a divorce. In my state, Tennessee, there is a primary parent and secondary parent, determined by the amount of time that each parent has the child. The secondary parent is who pays child support because the child lives with the primary parent also the amount paid is determined by this.
Now here is my question; why is it that the secondary parent receives the SSI, also receives the child's benefit, and then he pays her the amount of child support that was ordered by the court? I also know that the child's benefit is about four hundred dollars more than what the court makes him pay.
By BK from TN
Perhaps you should be the one checking with the court and Social Security.
I have a son who will turn 16 in December and I have never missed a child support payment in 11 years. I underwent two brain surgeries and again I'm having some health issues. As of this moment I have been home on sick pay, but I may be put on disability soon. How will this effect my court ordered payment that comes from my pay check paid directly to my ex-wife and his health benefits I also carry for him. I know my ex-wife also carries health benefits for him as well and has not used mine, but a few times over the years. I'm not sure how to handle all of this.
Go back to the attorney who handled setting up the initial agreement (custody, child support, etc). He/she will be able to return to the court and ask for an adjustment in light of the situation you are in now. Yes, there will be a fee but in light of your health concerns and subsequent reduced financial situation the attorney may be willing to work with you re the fees. Better to pay a little now than to pay a lot more if this isn't handled correctly (meaning legally so that everyone understands the terms and no-one tries to say they're not being fairly treated).
It would be a great help and financial savings if you and your ex can work out an agreement between you that is fair to everyone - your child, your ex, and you. If the two of you can sit down and work out a fair agreement before going to see the attorney, you will save money on attorney fees, you will save time getting it set up legally, and you will save the emotional stress of having to have everything go through attorneys if you can't work together for the sake of your child.
Considering what you're going through, I'd say you don't need the stress - you don't need to be spending extra time sorting this - and no matter why you and the ex split up, it will be a huge help for your child if the mum understands what you are enduring.
I include your ex in this because she really will be affected by the changes when the amount of support she can count on to provide for your child changes; she needs to be part of the planning and she needs advance warning.
I hope everything turns out well for you re your health concerns!
I am not paying child support. I have helped take care of my kids until I was disabled in 2012. I'm on disability now. Now my wife says she wants more money from me. What can I do? Or can she apply for child support now? She also says we are divorcing, but I still make sure I do for my kids now that I get disability. What are my options?
Your ONLY option is to find a good attorney NOW.
If she's divorcing you and wants more money for supporting the child(ren), her attorney can clean you out completely if you don't have one to protect your interests.
The court should only order support based on your income at the time of the divorce but may create an adjustment based on a medical review suggesting a time when you will be fit to work again and thereby increase your income.
So you need to be in the hands of a competent divorce and family matters attorney - ideally this person should be focussed on your children and their best interest so that everything is completely fair to you, the ex, and most importantly, your child(ren).
Avoid attorneys with the reputation of being 'divorce sharks', this will not make you look good to the family court judge. Using a shark will tell the judge you are only interesting in protecting yourself financially and could care less how that affects the child(ren).
How do I know this? I know this because my ex hired a shark. The judge hit my ex with what to me seemed excessive alimony for me, and child support for our son, and he did not hesitate to tell my ex the reason for the huge settlement was prompted by use of a ruthless attorney. This attorney was very well known for pushing through very unfair settlements, often leaving the mother (and child) in dire financial straits. He was also known for winning outrageous and unfair settlements that left the father living in a bed-sit, so his ruthlessness was strictly sold to the highest bidder.
Not what a good father or mother want their child(ren) to go through. Get a lawyer, and focus on what is really important - the kid(s)!
My ex-husband has been receiving disability benefits for himself for over 15 years. I recently found out that he has been claiming that he has full custody of our 2 children and is receiving disability benefits in their names also. We have been divorced for 13 years and have legal joint and physical custody of our children. Should I be receiving half of their benefits since we share custody and our children live with me half of the time?
Call and ask. You will never know for sure until you do. He's not cheating you, he's cheating his children.
I live in California and my ex is on SSI and I collect a benefit for my child. Does it come off of the child support due or does he also owe me child support and the SSI payment? His child support payment is $60, but I receive 230.00 a month in benefits. Should I get both or should one be deducted from the other. I am not talking morally. I am asking if anyone knows what really happens either legally or you have had or know someone who has that outcome experience.
Talk to you local child support office, that is what they are there for. If they don't know anything then talk to your local Social Security Office. Is the amount of child support court ordered? If it isn''t, you should get it court ordered and if need be garnished from the SSI.
My daughter is 2 years old. She just started drawing Social Security off her dad because he's getting disability now. I was wondering if I could get him for child support to?
Don't try to get even for something that possibly happened in the past. Are you disabled yourself? If not I'd say give him some slack!
My ex became disabled and began receiving payments as did the children. I am the custodial parent and they stay with him every other weekend and one day per week.
Two months after I began receiving them I got a letter from SS stating he would be receiving the money now. He told me he called and said he would be better at having the money. He then laughed and said, "It's my money and you won't get it." I have no say in where the money goes and it is not in my home.
Social Security says they cannot discuss the money because my name is not on the payee. I was not told why the payee was changed. I do not know what I can do now. I have the day to day care and expenses of the children. What can I do now?
I also have to count the money as my income as they are in my custody as the primary parent, even though I do not have the money.
I was wondering if anyone could help me out with what to do now.
By Sasha M
Call Social Services and have them set up child support payments.
My son's father was paying child support, but recently stopped because he gets a disability (crazy) check. I was told my child could receive a SSI check to make up for him not getting the child support. If so, how would I go about it?
By Cindy S.10/28/2013
First, please do not offend people on disability for mental issues - that is uncalled for. Secondly, yes your children are entitled to money from his SSD since he is not able to work. It is seperate and has nothing to do with child support. Apply for it at your local Social Security office and be sure to take birth certificates with you.
If my ex-wife receives disability benefits for our minor son, and I get (have) legal custody, does she have to forward those payments to me? She pays me no support.
By T&T Grandma11/19/2013
The check needs to be sent to the person the court designated as legal custody or as the law would say, more than half the care of the child allows you the tax credit. Maybe did not think of that either. The disability payment has a trail of paper behind it. Check the source, maybe check with human services...sounds like that might be the beginning.
My son receives SSI because he is disabled. His father and I had shared parenting, they had stopped his child support because he has heart problems and was getting disability, but he is now in prison for 3 years. I have tried to apply to receive benefits for our son and Social Security tells me he isn't eligible at this time. Keep in mind my ex was behind on support before it stopped.
Will my child support goes down if the mother is receiving a disability check for our son? We have two children together, or will they do a percentage of it? I live in Florida. Will your child support go down when you have shared parenting?
The mother doesn't work, but she's receiving unemployment every two weeks, plus my child receives a disability check and child support. She is taking me back to court for more money, but she didn't report that she's receiving disability for our son.
By Thomas A.
Support your child. He will be grown one day and you won't have to pay. I wish fathers would stop begrudging every penny of child support. It is never enough anyway. Just pay.
My ex-husband (the non-custodial parent) was recently approved to receive SSDI. Our son will receive a lump-sum payment and monthly payments. My ex has filed a petition not only to stop paying child support, but also to force me to turn over our son's lump-sum payment to him, stating that the lump-sum is meant to repay him for child support he paid during the SSDI application period.
I'm hiring an attorney. Does anyone know of a similar case? If so, what was the outcome? Thank you very much.
If you can afford to pay an attorney then you should try to find one that specializes in this type of case. Every case is different as well as state laws so you may wish to check as many places as possible (SS office, child support offices, etc).
According to your income, you may be able to get free legal services for something like this. Be sure to keep copies of all communication concerning this matter.
I have been divorced for many years now. My ex and I share a house because neither of us can afford to move out or sell and divide. It is temporary till the kids grow up. However, he gets SS and so do our kids since they are not 18 yet. He opened SS accounts for them with his name on the accounts. We agreed it will be their college tuition.
However, recently I found out he was dipping his fingers in their accounts. I work and pay for most everything and everything for the kids, because he cries that 1000 a month of SS not enough. He never paid court appointed child support. What can I do to transfer those accounts on my name so he can't live off of me and spend the kids money?
This account should have been set up in both names if it was to be used as a college fund, but now?
Child support and Social Security (as stated by previous responder) should be able to help for future funds, but may not be able to help with what is missing.
It appears that you have been very forgiving on many accounts so maybe it is time to "toughen-up" and go for living "alone"?
I need some one's help understanding this as its really confusing. My ex is ordered to pay child support; the papers are in. However, they can't tell me how much he would be paying because at the time he is in jail. Here is my question, he receives Social Security benefits. I was told his checks were gonna be held until he got out, but that if he owed state/government some money it will go to whatever he owes as well what he owes in child support. He has been in jail for almost a year and I'm pretty sure he owes me over 22,000. Will that money be accumulated and go to me? Or is it just some lie they told me?
By Celina from Tyler
My ex owes $25,000 in back child support and just got SSI with a lump sum of money how does that work?
By ppattt from Fort Myers, FL
No! SSDI and Social Security can be garnished for child support, but SSI can't be garnished. The reason is that SSI is not considered as income, in the sense that the recipient earned it or that it comes from earnings that was paid in to Social Security. SSI does not come from the Social Security fund, but is given to low income people who don't qualify for Social Security or SSDI, and SSI is not considered as income, like Social Security and SSDI is.
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My children's father owes me about $50000 in back child support payments. He just won a social security disability case and will get a lump sum. I was told that no one can make him pay child support with his lump sum. Can anyone tell me how I can make him pay?
Pam from Georgia
It is my understanding that when a parent collects disability, each of that person's 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. (03/25/2007)
There is a mix up in what kind of payments being received by the other parent. If he/she is collecting SSI disability then child support will not enforce payments to the other parent, not saying that is is not still owed.
Now if the parents had worked, and had started collecting Social Security for whatever reason then yes, the child(ren) would be granted a portion monthly. (05/16/2008)
My ex-husband owes over $16,000 in back child support. He lives in GA and currently receives SSDI. Does anyone know what percentage they can take for child support? This is an interstate case and it will take at least 6-9 months before I receive any monies. Also, why can't SSI checks be garnished for child support?
debra1111 from Silver Spring, MD
By T&T Grandma
I have recently found out that my ex is receiving some sort of SSA. I have contacted DOR in MA and they have forwarded the court order papers for support to SSA. My fear is that he will find a way not to pay. Is this possible with a court order? He owes approx 28k and has never made one payment to my daughter.
By Judez from Lynn, MA
Some states have rules on how far back child support will go. In our case it was 10 years. However, in the 16 years that he hadn't paid anything, around the middle of that time (or eight years previously) he made two payments. Because of those two payments, the state was able to go "all the way back" for all of it that he owed. (04/09/2009)
My husband raised his son from the time he was kindergarten age (after his mother lost custody) and never received a penny from the mother. The CSEA didn't care, since he never filed for support from her. They still take a portion of our meager living and send it to the ex, and will do so until the arrears are paid. We learned about the Agreed Entry recently, when he finally heeded my pleas to do something about the situation. As of this date, we have about two more years before the debt is paid. I'll be thankful when that day arrives, especially if my husband is still with us.
My ex quit a job and took one with an employer that wouldn't garnish. My father simply cultivated friends at the Indiana CSEA, who overlooked the thousands my mother never received for my three siblings and me. However, the current laws are improving the lots of children with deadbeat parents, and with the help of the Federal government, I pray you and your children receive what you need to live. (04/12/2009)
Whatever you do don't let him talk you out of the support order no matter what. Children need the support financially from both parents. I let my ex husband talk me into agreeing to sign an agreement to withdraw the support and it has screwed me and my children up. When you do that they don't get stuck with back owed either. You have to file more papers to get it started again, and then it starts over fresh with no back payments or anything of the kind.
It really was a horrible mistake on my part, since I realize now that my daughter will suffer not having the extra support just due to my fear of her father. They also have great things in place now, too, where if receiving child support for your safety and your child's, you don't even have to let your address infomation out to the obligor. But no, he can't get out of it, unless you sign a paper stating no court interference or enforcement, otherwise it is his responsibility to cover that support. (04/19/2009)
My ex has just been awarded his social security and was supposed to be receiving back pay. He owes me $10,000 in back support for my daughter. I was just wondering how long it would take for me to receive that payment and how I could go about finding out info on it?
My son pays court ordered child support. If he is awarded SSD, can the mother take both? The mother does not work and we had the baby a total of 8 months out of 2009.
A friend is paying child support and he will start receiving his Social Security, as will his child. Can he stop the child support as the child's Social Security will be more than the child support or will the mother be able to get both checks?
9 years ago, I was put on SSID. I had an agent call me, and tell me that I needed to set up my child support payments through them, and I did.
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.
My boyfriend is waiting to see if he will be able to get SSD/SSI. He has two children that live with their mother. When he does get SSD/SSI is there a way that the money for support can go into a trust that she cannot touch?