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messyjessy · Mar 3, 2013, 08:54 PM

My son is 8 and his dad denied the child as his.. finally after 8 years we have a dna test stating he is the father.. well my question is he has been on disability since before the birth of our son, and once child support is ordered can I file for my son to receive a check from his fathers case and would it go back the 8 years since he has never paid support at all ifthe court orders the back support? Is there anything I can do to ensure he is made to pay back support?

joypulv · Mar 3, 2013, 09:50 PM

There's two kinds of SS disability - SSDI (SSD) and SSI. The first one can have some amount taken out for support, the second can't. The first is federal insurance that he paid into by taxes taken out of wages. The second is basically welfare. How much he has to pay you and how much any back support will be is determined by the court based on various factors. I doubt that you will get back support going back to birth or that they will garnish his check until/unless he fails to pay.

messyjessy · Mar 8, 2013, 10:02 PM

My son is 8 years old and from day one his father has denied him as his. Thanks to the paternity test he was proven otherwise. My question is his dad has been on disabitlity since 2004 and I know his daughter receives a check, will social security give my child back pay since he was entilted to it years ago? Really any information about the subject would be benifical and greatly appreciated. Thanks

dontknownuthin · Mar 9, 2013, 12:14 AM

I do not believe they will go back to 2004 because no order existed at the time. They probably go back a certain number of months or years but I'm not sure what the figure is. I would call the SSDI office in your area and ask this question.

You should certainly be able to get some support contribution moving forward in any event. And it should be set up as a direct deposit. Do you have a court order for child support? You will need one.