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View Full Version : I need help with abtaining beneifits for my son from his fathers SSD


griffinalice65
Mar 9, 2010, 11:02 AM
He owes over 14,000 in child support and started getting SSD and they want pay my son a dime in benefits who can help me please

JudyKayTee
Mar 9, 2010, 11:07 AM
The law is somewhat confusing on this issue. No, the law is VERY confusing with a lot of "but if's" and so forth.

"If a parent is on SSDI and is responsible for paying monthly child support payments, there is a chance that the payment can be taken from their SSDI proceeds. In order for this to happen, the custodial parent must prove that the disabled parent hasn't been making their child support payments. The claimant's SSDI payment can then be reduced to reflect the payment being removed and sent to the custodial parent.

In the case of SSI, the custodial parent has no right to any of the proceeds from the disability benefits. They can also not have any back payments they may be entitled to, taken for this reason.

That's not the case with someone on SSDI though. If they have been unable to make their child support payments for several months because of the appeal process related to their disability claim, they may have see their back payment handed directly over to cover the missed child support payments. They opposing spouse will typically retain a lawyer who will file the necessary documentation to ensure that happens." Social Security Disability And Child Support | Social Security Appeal (http://www.esocialsecurityappeal.com/social-security-disability-and-child-support.html)

Have you contacted SS?

cdad
Mar 9, 2010, 01:35 PM
Shouldn't the child be receiving benefits if the parent is on disability ? Someone should have registered the child with Social Security and then they should pay on it so long as it is a minor child.