MsAnthrope
Oct 18, 2011, 01:36 PM
I am in Texas. My child's father was ordered to pay support in the amount of $78 a month, in 2004, when my child was two, plus $25 for medical support. At the time, I knew he was "on disability" but really had no idea what kind.
Over the years he has paid maybe $500 total. As of this writing, he has not paid anything in over 2 years, and has had zero contact with me or my child in 4 years.
When he has paid, it has only been after the Texas Attorney General's office has had him come to court and (according to him) has threatened him with loss of his driver's license, jail time, etc.
I have received a letter on two different occasions from the AG's office, letting me know they were going to start garnishing the support from his Social Security check, but it never happens. So it seems to me that they are "enforcing" this order somewhat but not fully. These letters don't specify SSI or SSDI.
Five or so years ago, I heard that since my child's father was getting some sort of disability check from the SSA, that my child might be able to get one as well, but the local SSA office told me that my child didn't qualify.
Here is where my confusion lies; I have read that, in general, a court will not usually order child support if a non-custodial parent is receiving only SSI, and if they do, they won't enforce the order. Since they have half-heartedly attempted to enforce the order (through court dates and threats of garnishment), does this mean he is NOT getting SSI? And if he gets SSDI instead, wouldn't that mean my child should get a check on her own?
Seems to me like one of the two things is true: Either the AG's office is improperly trying to enforce a support order for an SSI recipient, or the SSA local office gave me the wrong info when I inquired into getting a separate benefit check for my daughter.
I have no way of finding out from him if he gets SSI or SSDI but if there is a possibility that my child could get a separate check then I feel I should pursue it. Just not sure what to do next.
Sorry so long, and thanks.
Over the years he has paid maybe $500 total. As of this writing, he has not paid anything in over 2 years, and has had zero contact with me or my child in 4 years.
When he has paid, it has only been after the Texas Attorney General's office has had him come to court and (according to him) has threatened him with loss of his driver's license, jail time, etc.
I have received a letter on two different occasions from the AG's office, letting me know they were going to start garnishing the support from his Social Security check, but it never happens. So it seems to me that they are "enforcing" this order somewhat but not fully. These letters don't specify SSI or SSDI.
Five or so years ago, I heard that since my child's father was getting some sort of disability check from the SSA, that my child might be able to get one as well, but the local SSA office told me that my child didn't qualify.
Here is where my confusion lies; I have read that, in general, a court will not usually order child support if a non-custodial parent is receiving only SSI, and if they do, they won't enforce the order. Since they have half-heartedly attempted to enforce the order (through court dates and threats of garnishment), does this mean he is NOT getting SSI? And if he gets SSDI instead, wouldn't that mean my child should get a check on her own?
Seems to me like one of the two things is true: Either the AG's office is improperly trying to enforce a support order for an SSI recipient, or the SSA local office gave me the wrong info when I inquired into getting a separate benefit check for my daughter.
I have no way of finding out from him if he gets SSI or SSDI but if there is a possibility that my child could get a separate check then I feel I should pursue it. Just not sure what to do next.
Sorry so long, and thanks.