I want my ex to give me custody of our 3 kids , he is disabled and receives pymnt for himself and our 3 kids. Can he legally keep the ssdi pymnts if I am willing to not make him pay child support. I just want my kids he can keep the money is this legal? FYI we live in Arkansas if it helps or matters.

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Originally Posted by AGregg

I want my ex to give me custody of our 3 kids , he is disabled and receives pymnt for himself and our 3 kids. Can he legally keep the ssdi pymnts if I am willing to not make him pay child support. I just want my kids he can keep the money is this legal? FYI we live in Arkansas if it helps or matters.

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I don't understand your "can he legally keep the SSDI payments if I am willint to not make him pay child support". He is legally obligated to pay child support regardless. Why not make him pay child support? It is money that is supposed to be used for the children. Contact your local Child Support Enforcement office and discuss this with them. He may end up being forced to turn over these checks to the Child Support Enforcement agency and they in turn will send them to you if the kids live with you.

The way you are wording it sounds like a form of "buying" your kids by letting him keep the SSDI payments that are earmarked for your kids.

The SSDI payment to the kids, is just that to the guardian of the kids for their care and use. So if you change legal custody from him to you, he may be assigned to pay child support to you also.

And of course now you are suppose to be paying him support