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Child Support Payments and Social Security

February 25, 2014

My son has autism. He receives SSI. I am in the process of getting a divorce. My soon to be ex wants child support for him. If she receives child support will it effect his SSI?

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By bbcookie45

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February 25, 20140 found this helpful
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The amount of SSI a person, whether that person is an adult or a child depends on what other income there is in the house. Anyway that is the way it used to be. If it is still that way the child support will affect the amount of SSI your son receives. You should talk to your local Social Security Office.

 
February 26, 20140 found this helpful
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My daughter gets SSI. Her dad just started paying child support. It did reduce her check, but you can call Social Security and they can tell you the formula they use because some of the child support income will get disregarded.

 
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February 22, 2018

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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Gold Feedback Medal for All Time! 949 Feedbacks
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.

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  • 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.
  • 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.
 

Bronze Post Medal for All Time! 105 Posts
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.

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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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January 22, 2014

My ex pays child support. He is court obligated to pay 70% of my daughter's medical. We have been divorced 13 years. I have never had his support raised. I remarried, so I never pursued him for his part of the obligation.

My current husband died last year. My daughter collects SS survivors benefits as his step-child. As a single mom, I can no longer pay her medical bills on my own. My ex carries insurance on her. He has an HRA which is always empty when she needs it, so I pay out of pocket. If I take him to court to raise his child support and try to collect on his part of her medical bills, will she lose her survivors benefit?

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Will her benefits be calculated as my income, possibly lowering his child support obligation? I'm a full-time student with a part-time job, making $100 monthly. Our daughter is 16. He hasn't contacted either one of us since she was three. He just hangs up on me when I call.

By Carolina S.

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January 23, 20140 found this helpful
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I do not know which state you are in, but we live in GA. While raising a troubled Grandchild, we had to sue each parent for child support. As others here have suggested, your state's child support enforcement office should be able to handle having your ex's matters examined. They are able to garnish his pay and have the money sent directly to you. We were able to receive back support and medical expenses, as well.

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You also can go, (plan to spend a long time), to the Social Security office. Your daughter's SSI may change if her child support is increased. Does she qualify for medicaid? That would cover her medical bills.
Also, try contacting the Patient Advocate Foundation. com.
They try to match you with sources that may be able to help you with medical bills and prescriptions. I wish you luck.

 
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October 5, 2017

Am I entitled to my ex-husband's Social Security for back child support? It's about $45,000. He recently passed away.


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Silver Post Medal for All Time! 433 Posts
October 11, 20170 found this helpful
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SSI and child support.

Step 1
You can file a claim in probate court against his estate for back child support.

Step 2
Minor child should receive death benefits,you must petition the social security in order to receive these benefits.

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Step 3
Back child support can not be taken from supplemental security income.

Step 4
It can be taken from other SSI income.

Step 5
Here is a link that will help info.legalzoom.com/can-child-support-taken-social-security...

Step 6
Contact your SSI office in your area.

 
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February 6, 2018

Can my child's father be made to pay child support if my child is receiving my Social Security benefits and no longer getting his Social Security benefits?


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Bronze Post Medal for All Time! 105 Posts
February 8, 20180 found this helpful
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The father has a responsibility to take care of his child, even if he no longer lives in the home. Considering you both seem to be on Social Security, I'd check with them first. Maybe they can deduct his payment out of his monthly check before he receives it. You'd have to talk with Social Security and a lawyer to find out what your right and the right of your child are.

 
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March 14, 2014

If you are divorced and have a dependent child and that child is receiving social security benefits, in most states, the benefit the child receives does indeed affect the amount of child support paid by the person responsible for paying child support.

 
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June 6, 2012

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?

By Donna

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Bronze Feedback Medal for All Time! 186 Feedbacks
June 7, 20120 found this helpful

The way I understand it is, a person has to be left enough to live on. Anyway that is the way it works with regular child support. Consult you local child support enforcement office.

 

Silver Feedback Medal for All Time! 450 Feedbacks
June 7, 20121 found this helpful

Call SS and ask. We don't know the answers to this because we don't know the circumstances. Why do you care if they take it all? He didn't care if your kids were getting enough to eat.

 

Gold Post Medal for All Time! 846 Posts
June 7, 20120 found this helpful

And also ask your local Social Security office.

 
June 7, 20120 found this helpful

You are right redhatterb. They can only take a certain percent of a person's income. I thnik it's something like 75% but I'm not sure. I had a friend that even had to pay that amount out of his unemployment when he was between jobs.

 
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January 31, 2012

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.

 
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January 24, 2012

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.

 
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June 3, 2016

My ex-husband was just approved for disability (SSI) and is receiving one check for himself and one check for our daughter. Should I (she) get this check in lieu of child support? (or in addition to?) He has moved two states away and doesn't plan to see her much aside from a few weeks in the summer time, so I am not sure why he should be getting a check made out to her.

Can anyone clarify for me? Thanks!

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