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Child Support Payments and Social Security

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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May 25, 2011

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.

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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

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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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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?

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.

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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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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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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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January 16, 2017

Social Security is sending money to the wrong child support account; what can we do? They won't give us any tracking information other that to say it went to the Sacrament office of child support. California, the originating jurisdiction, doesn't know where the funds are and keeps referring us back to Colorado, the jurisdiction of our residence.

And Colorado child support can't get an answer from Social Security! Madness. What do we do and who can assist us in getting this taken care of?

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December 3, 2011

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.

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October 9, 2011

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.

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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.

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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.

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September 20, 2010

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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Bronze Feedback Medal for All Time! 107 Feedbacks
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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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.

  • 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. 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 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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October 20, 2017

I just found out who my 23 year old son's father is, but he's deceased. Are we entitled to back child support or Social Security benefits?

If so what documents will I need for verification?

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