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Home > Law > Family Law   »   SSI and Child support

 
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Old Apr 13, 2008, 10:27 AM
shareehut
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SSI and Child support

Can My ex-wifes husband claim my children on his disabilty where they receive monthly checks and it not affect my child support amount?

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Old Apr 13, 2008, 10:43 AM   #2  
George_1950
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Welcome to AMHD. See if I understand: You and your former spouse have children; she has remarried, and her husband is claiming (or is receiving) SS disability benefits. The children are dependents of his and his wife, even as a step-parent. The SS benefits received in that home have no bearing on your liability for child support, or vice versa. Social Security is a world of its own. We are not speaking about "dependents" in the income tax manner.

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Izannah agrees: Very good answer!
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Old Apr 13, 2008, 12:33 PM   #3  
califdadof3
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Quote:
Originally Posted by shareehut
Can My ex-wifes husband claim my children on his disabilty where they receive monthly checks and it not affect my child support amount?


Thats a tough question that you really need to ask a lawyer about. On this board in other discussions it has been pointed out that a step parent doesnt automatically have to support children from a new relationship and if harmed ( by a ncp not paying support ) is entitled to sue. That being said the reverse might be true also. Other then by marriage he has no legal need to support the children and if he is claiming them then any money collected on behalf of the children may constitute additional funds for the children. If they were to divorce would the ssi stop ? You really need legal council to get to the bottom of your question. Good Luck.
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