If my son is receiving his father's SSD benefit, can they still take child support from that?

Most likely he is already at a minimum level. And your child is already receiving a benefit. Are arrears owed?

His father died and he is receiving benefits as an eligible chid because he is deaf. No he does not owe any arrears

What exactly are you asking here? In your first question you made it sound like he was alive. Now you say he has passed on. Then your son shouldn't be receiving SSD from his benefit. That would only be the case if the father was alive and he himself was receiving SSD.

Social Security switched him from SSI to SSDC because his father died and he was eligible for his benefits due to his disability. As a disabled child he is eligible (this was all new to me)so now he is receiving money under his father's SS# as an eligible child. This is why I need to know if child support can still go after him for support?

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Originally Posted by Carmen56

Social Security switched him from SSI to SSDC because his father died and he was eligible for his benefits due to his disability. As a disabled child he is eligible (this was all new to me)so now he is receiving money under his father's SS# as an eligible child. This is why I need to know if child support can still go after him for support?

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If the father is dead then they can't go after him for anything. Since no arrears existed as per your statement then the estate of your late ex didn't owe any child support to anyone.

So, Child support can go after him, even if the money he is receiving comes from his father and not him? Thank you so much for your help

So, child support can now come after him for his father's benefits? They never came after him when he received SSI. Thank you

I think there is some confusion here.

Your SON now owes child support on your GRANDCHILD, right?

And your son's only income is SSDC from his deceased father (your ex)?

Yes, that is correct!

How old is your son?

34 years old

If that is his ONLY form of income, I'm sure they CAN take child support from it.

Your son is old enough to know that sex = babies, and babies require support money. He doesn't get a get-out-of-jail-free card just because he doesn't have any other form of income.

Is there a particular reason (besides being deaf) that he doesn't have any other income?

My research says that Social Security disability and retirement benefits are protected from garnishment EXCEPT FOR child support payments that are set in an official divorce decree or a child-support order, ordered by Court.

Administration (SSA) receives such an order, or is informed of one by the beneficiary, the agency will take steps to meet the child-support obligations, if required, by withdrawing them from the monthly benefit payments.

Anyone receiving Social Security benefits, subject to a child-support order, can have his benefits attached payments.