Hello,
My children's father is on SSI and does not pay his court ordered child support. I also know that he has been working under the table for some time now (and is earning more than me) and still will not pay his child support. He is 15 months behind on payments. I had a child support case with my state's DHS but they closed it stating that they can't force a person on SSI to pay. Is there any way I can collect child support from someone on SSI?
Thanks,
Shannon

Sue him in family court for the back child support with legal evidence proving that he is working and being paid under the table

Fr_Chuck, how so you go about getting legal evidence? video-tape?

Just curious:)

If your state exempts people on SSI from paying child support then there's little you can do. However, make sure that you don't confuse that with them telling you that they can't garnish his SSI earnings as a means of collecting the child support due. That may be what they're really telling you, not that he doesn't have the responsibility to pay per se. You can still go to court and ask that the support order be enforced, especially if you can prove that he's earning income under the table. The threat of that may light a fire under him and convince him to pay of his own accord, especially since if it does come out that he's earning income under the table in addition to his SSI it'll cause him all kinds of legal problems there as well.

ShannonMC... If the father is receiving SSI you should be able to apply for the same benefits for the children. I pay child support and recently was trying to go on SSD, the information I was given for the state of PA is that once my SSD is approved my child support case would be closed and the children could receive SSD benefits based on my disability by my x applying for it for them. This then replaces the child support. Check with the Social Security Office in your area, they should be able to assist you.

Thank you Robin. I think I'll try that. He's over a year past due and I've just about given up on this.
Shannon

Just a heads up, SSI and SSDI are completely different disability benefits. SSDI is insurance, meant to replace (in part) the income lost due to disability. Depending on the family maximum benefit, dependents of someone who receives SSDI may also receive a cash benefit.

SSI is essentially a welfare program meant to ensure a person with a disability has at least a subsistence level of money each month. SSI provides no benefits to dependents unless they qualify for SSI based on their own disability.

I don't have any great advice about the child support, unfortunately. You can report the father to Social Security for fraud (http://www.ssa.gov/oig/guidelin.htm). However, this will likely place him in overpayment and result in reduced SSI payments without getting you any additional child support. Hopefully others will have some more ideas for you.

Parents who get SSI cannot be forced to pay child support. Parents who get SSD might be ordered to pay child support. Sometimes the SSD can count as the child support payment.

Technicaly I find it sad that money is more important your child and in most cases your either a drugie or someone who think life is all about money.

There will no way to get child support out of him attempting to sue will be a waste of your money so act like a adult and be a parent if you didn't want to take care of the child then why did you have one in the first place. And now that you can't get your way your getting mad you need to know that money isn't everything and I'm prety certain you wouldn't use that money for the child anyway wich is illegal so either way you can get yourself in more trouble then what you would want.

And there's a program called TANF why don't you try it instead of trying to squeeze someone out just for there money. I take this to a offense state because your not making the right choice as a parent and doing more worse to the child.

Old thread, closed