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shinbonebilly · Aug 21, 2011, 10:54 AM

I receive SSDI for myself and my 15 YO daughter. I just signed a court agreement to give her father custodial rights. She recently moved in with her father. Can I still receive her payments, or does he have the right to get her checks. What happens if it is not reported?

Fr_Chuck · Aug 21, 2011, 11:27 AM

No of course not, you can't take the check,

If you get it by fraud, you will merely have to pay it back or go to jail.

GV70 · Aug 21, 2011, 11:37 AM

Originally Posted by shinbonebilly

Can I still receive her payments, or does he have the right to get her checks.

Children may be entitled as an auxiliary (dependent) on a disability beneficiary’s record. In this situation, the child is not disabled; the child is simply a dependent of a disabled worker. If her father is not entitled to SSDI , then she is not entitled to SSDI payments,too.
If you continue to receive fraudulent obtained payments,you will be held in contempt of court or/and for fraud. Then you have to repay all + rate of interest... and even more-you may be jailed.

twinkiedooter · Aug 21, 2011, 11:46 AM

You must report this new custodial aspect to the SSD folks and they should stop her check.

Skill7D · Aug 22, 2011, 06:49 PM

The child is still entitled to that check. It's called a dependent allotment. You should contact SSA and let them know she is now with her father. Otherwise as someone else said, you are committing fraud. SSA should automatically forward the check to the child's father.

When a noncustodial parent receives SSDI, the dependent allotment goes to the custodial parent and can take the place or supplement a child support payment. Your daughter is 15 and you've been raising her, so obviously you know how expensive raising a child is. You should contact SSA first thing and let them know so he can get that money.

ScottGem · Aug 22, 2011, 07:00 PM

Originally Posted by Skill7D

The child is still entitled to that check. It's called a dependent allotment. You should contact SSA and let them know she is now with her father. Otherwise as someone else said, you are committing fraud. SSA should automatically forward the check to the child's father.

SSDI payment are made to dependents. If the child is no longer living with you over 50% of the time they would no longer be considered your dependent. Therefore, their award would cease.

As an aside to Skill7D, welcome to AMHD. May I suggest you spend some more time browsing around to see how this site works. Your other 2 posts were removed because they were responses to a 6 month old thread. Please make sure you check dates before responding. Also please make sure you verify the accuracy of your responses.

Skill7D · Aug 22, 2011, 07:10 PM

ScottGem, Thanks for the heads up on the age of posts. Noted.
As far as the dependent allotment, I understand that the name implies that is only for dependents. I also work for a child support agency, so I deal with this all the time. I'm not just pulling answers out of my backside. I'm here obviously on my own trying to help people because Child Support can be a very confusing process for most people.

From the SSA Website:
"When you qualify for Social Security disability benefits, your children may also qualify to receive benefits on your record. Your eligible child can be your biological child, adopted child or stepchild. A dependent grandchild may also qualify.

To receive benefits, the child must be unmarried; and

be under age 18; or
be 18-19 years old and a full-time student (no higher than grade 12); or
be 18 or older and have a disability that started before age 22.

Normally, benefits stop when children reach age 18 unless they are disabled. However, if the child is still a full-time student at a secondary (or elementary) school at age 18, benefits will continue until the child graduates or until two months after the child becomes age 19, whichever is first.

Within your family, each qualified child may receive a monthly payment up to one-half of your full disability amount. However, there is a limit to the amount that we can pay your family members. The total depends on your benefit amount and the number of family members who also qualify on your record. The total varies, but generally the total amount your family can receive is about 50 to 80 percent of your disability benefit."
Nothing about the child being a dependent

ScottGem · Aug 22, 2011, 07:32 PM

Ok, a point for you. However, not saying dependent and not applying to a dependent are two different things. I couldn't find anything on the SSA site that specified what a qualified child means. So the OP needs to consult the SSA for clarification. If the child is entitled to continue benefits even if they are no longer living with the parent, then she is fine. If she continues to get benefits for the child when she isn't entitled would be fraud.

Skill7D · Aug 22, 2011, 08:03 PM

She asks if she can still receive the payments or does the father have the right to the checks. The short, correct answer is he has the right to the checks, she does not. It's her biological child, that's what the SSA quote I posted said. The qualified child was also there, where it said the child must be unmarried and either under 18, 18 or 19 if still in high school or be disabled.
I realize I'm new, but as I said this is what I've been doing for a living. I'm not going to post anything I'm not sure of and I'm not 100% sure, I will make that explicitly clear.