Social Security and Child Support

I receive monthly survivor's benefits for my 8 year old daughter because her mother passed away. Can my ex-wife have child support taken from those benefits?

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February 22, 20180 found this helpful
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Since no two cases will most likely ever have the same facts, you should always ask your questions at your Social Security office. They will always be able to give you the correct answers.

  • Survivors benefits (benefits for your daughter from her deceased mother) is not counted as income for you so no one should be able to take any of it for something you owe.
  • But you are responsible (and can be held accountable) for how you spend the benefits you receive on her behalf. Social Security can request an accounting of money spent so you do need to keep good records.
  • You can talk with SS about what type of information and records you need to keep and what is considered a justifiable expense.
  • If your daughter is still young and you also receive a "benefit" check (for looking after her if she is under 12 years old) then you need to discuss this with SS and it is always better to ask questions in person rather than over the telephone.
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  • Hopefully you are employed and able to pay the child support that you are responsible for and there would be no need to be concerned about your daughter's benefits.
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February 26, 20180 found this helpful
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If your daughter is still living with you and you're still getting her survivor's benefits each month this is for her care. Your new wife can only get child support for your other children out of your pay. However, you will need to go to SSI and to an attorney to make sure this is right. But this money should not be counted as part of your income because it is used for your daughter and the money was from her mother who died.

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February 22, 20180 found this helpful

You need to make an appointment with Social Security to ask them this

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February 22, 20180 found this helpful

I do not believe it affects SSI that has nothing to do with child support.

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To be sure call your local office.

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February 23, 20180 found this helpful

I get social security, disability, and the only people that can touch government money is the IRS. I heard this from an attorney at a large law office.

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February 23, 20180 found this helpful

This statement is not entirely accurate so hopefully, anyone needing answers to Social Security questions will contact their local SS office.

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February 27, 20180 found this helpful

I cannot find any mention of SSI in your question - only suviror's benefits so maybe the other respondents know something that is not in your question?

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  • SSI is a type of benefit given for disability when there are not sufficient funds in an individual's SS earned income record.
  • SSI is not survivor's benefits in any way - but - if someone is receiving SSI those benefits cannot be taken away for child support.
  • Any survivor's benefits you receive for your child's care (and her name is listed) cannot be attached for child support for another child/children.
  • Now I suppose it is possible you are living solely on these benefit checks and have no other income but if that is the case, be aware that SS can and will stop benefits to you as soon as SS determines the child no longer needs a "stay at home guardian".
  • Your daughter's benefits will continue until she does one of several things;
  • Reaches 18/19 years of age or graduates from high school (stops when she graduates).
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  • SS will stop benefits if she is not attending high school full time.
  • She may request/apply to have benefits paid to her (later) if she becomes self sufficient and is no longer living with you.
  • It is an incorrect statement that you can never collect back child support from an ex-husband.
  • You cannot collect back child support from SS except under special circumstances (the ex is drawing SSDI or even retirement SS in some cases).
  • There are many cases where back child support was paid 15 to 20 years past the due time but it would take an attorney to help with this and there could be lots of reason why the ex could pay at the present time (maybe he won the lottery!).
  • That is an extreme but there are good reasons for suing for back support at a later time.
  • One situation is if the ex is deceased and has assets that can be sold to pay the back support.
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