Child SupportLegal

Survivor Benefits and Child Support

I have a 17 old son who is in foster care. He will turn 19 on 9/9/20. He receives survivor benefits from his deceased father. I am the non custodial parent now being ordered to pay child support. I was the payee for the Social Security survivor benefits and now the Department of Social Services is the payee. The total survivor benefits and child support payments are more than $3000. Can I (non custodial obligor) off set child support obligation using Social Security death benefits?

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January 13, 20180 found this helpful
Best Answer

You will need to seek legal advice on this one. No matter what any of us say here we don't work for social services and we don't work for SSI. Furthermore, none of us are lawyers. I would seek advice from a legal aid if you can't afford a lawyer. It seems awful expensive for you to have to pay out $3000 a month unless you have a really good income. I can see you contributing to your son's care and upbringing if he is no longer living in your care.

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January 11, 20180 found this helpful

Each case is different. You need to make an appointment with Social Security and bring all documentation.

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January 12, 20180 found this helpful

Hi Judy I am not sure if you had any experience with kind of issue. Social security office says that do not know anything about it, and merely following human services office requests

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January 12, 20180 found this helpful

In that case, contact a lawyer. The Legal Aid Society is free.

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January 12, 20180 found this helpful

That would be up to the judge who ordered that you pay the child support.

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