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-   -   My ex-husband is trying to get on SSI or SSDI, If he gets it does he pay child suppor (https://www.askmehelpdesk.com/showthread.php?t=470133)

  • May 11, 2010, 07:44 AM
    rabbit2008
    My ex-husband is trying to get on SSI or SSDI, If he gets it does he pay child suppor
    My Ex is trying to receive SSI or SSDI, (im not sure which one) if he gets it does he still have to pay his court ordered child support? Also what happens to the arrers child support he owes (9,618.23) ? Im getting different answers from family and friends so very confused about it. Any help is very appreciated. Thanks :)
  • May 11, 2010, 08:17 AM
    JudyKayTee

    "SUPPLEMENTAL SECURITY INCOME (SSI)

    SSI is a government benefit paid to the elderly and disabled. It is for people who have not earned enough in the past to get Social Security Disability (SSD). SSI pays a set monthly amount. If a parent’s only income is SSI, that parent cannot be forced to pay child support. Some courts may still enter a child support order, but will not enforce that order. Generally, however, a court should not enter a child support order against a parent whose only income is SSI. The Child Support Guidelines specifically say that SSI is not counted as income on the child support worksheet. By definition, someone who is getting SSI is unable to work because to be eligible for SSI you must be unable to work.

    If you are the parent getting SSI, you should tell the court that your only income is SSI and you are unable to pay child support. You should get a statement from the Social Security Administration that you receive SSI, and give this statement to the court. If you have already been ordered to pay child support and then you began receiving SSI, you can ask the court to change your child support to $0.

    SOCIAL SECURITY DISABILITY (SSD)

    SSD is also a social security benefit paid to the elderly and disabled. The amount of SSD a person gets is based on how much the person has earned in the past. The more work history you have, the more SSD you can receive.

    A parent getting SSD can still be ordered to pay child support. Because SSD is based upon work history and how much you have earned in the past, SSD is considered income. According to the Child Support Guidelines, SSD is counted as income on the child support worksheet.

    When a parent is getting SSD, the dependent children of that parent may be able to get SSD dependent benefits directly from the Social Security Administration based upon the parent’s benefits. The parent getting SSD should apply for dependent benefits on behalf of the children. The amount the children get depends on the parent’s work history.

    Sometimes a court will count the benefits the child gets from the Social Security Administration as payment of the child support obligation. Sometimes the court will also order the non-custodial parent to pay some child support in addition to the amount the child receives directly from the Social Security Administration. Usually, the parent will be ordered to pay additional money only if the amount the children get directly from the Social Security Administration is less than the amount the child support worksheet says should be paid."

    This is an Indiana site but it's the same in all States as SS is a Federal benefit. Public Web
  • May 13, 2010, 05:43 AM
    JudyKayTee
    [QUOTE=travelmum disagrees : My daughters father did that and he just had to pay less but still has to pay.
    [/QUOTE]



    Let me see if I can stop laughing at the disagree long enough to say this - you are disagreeing with the SS Regulations, SS law which is EXACTLY as I posted it from the official site?

    This is a classic!

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