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Child Support and SSDI?

So does the attorney general's office get informed if the non-custodial parent gets SSDI? Or does the custodial parent inform them?

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Gold Feedback Medal for All Time! 949 Feedbacks
March 5, 20180 found this helpful

Are you receiving child support payments through the court?
Do you have it stipulated in your divorce that payments will go through the court system (your ex pays your child support to the court and they send payments to you)?

  • SSDI is a disability benefit that is based on a person's income record and paid through Social Security and SS does not normally notify anyone other than the person/persons involved about any benefits being paid.
  • If your ex was instructed through the court system to notify that department of any changes in income then it would be your ex's responsibility to notify the court.
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  • You should be discussing all of this at your local Social Security office as they are the one's who can answer your questions correctly.
  • You may have to file through SS to see if your children qualify for support payments to be paid out of your ex's SSDI.
  • I would not wait very long to check this out as there will not be any "back" payments paid to you from SS. Your date of filing with SS will be when your actual qualifying date begins and that will be the date the SS will use to begin your payments (if your children qualify).
  • Gather your SS numbers (yours, your children and your ex if you have it) along with any paperwork concerning your ex's obligation to pay support and make an appointment by calling the SSA office.
  • Here is information:
  • faq.ssa.gov/.../How-do-I-schedule-reschedule-or-cancel...
  • You should go as soon as possible even if you do not have all of your paperwork together.
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  • It is possible for qualifying children to receive support payments if the responsible party is on SSDI (but not if they are on SSI) as there is a big difference in these two programs.
  • You can read about these programs on these sites.
  • specialneedsanswers.com/three-big-differences-between-ssi...
  • www.disabilitysecrets.com/page5-13.html

Please make an appointment soon or you may be missing out on some of your support payments.

 

Gold Post Medal for All Time! 677 Posts
March 5, 20180 found this helpful

Inform your own lawyer, and see what he or she says

 

Bronze Post Medal for All Time! 105 Posts
March 5, 20180 found this helpful

I really think you need to speak with your attorney on this matter. If you don't have one you can always try calling someone at legal aid and asking them this question. This is basically for the attorney to file a claim on for you or the court to order payment.

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Nobody here is a lawyer and it is really difficult to tell you exactly what to do. But I would go talk with a lawyer first and see what they advise you to do. This is the best place to start for sure.

 
March 8, 20180 found this helpful

No the issue here is that Ive never received child support because he was never able to get served, till now 15 years laters they found him and served him. He showed up to court with not one document and stating that he was trying to get disability my thing is will the attorneys general know once his disability case is finalized, or does the ssa contact them to inform them..

 

Gold Feedback Medal for All Time! 949 Feedbacks
March 9, 20180 found this helpful

You should not rely on anyone notifying anyone but go to the Social Security and file a claim so if he does receive a divisibility benefit from SS you will already have your claim filed. SS disability is not easy to win so even if he has filed he may never be approved but the SSA can tell you if there is an open case.

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How old are your children? SS support for children ends at 18-19 years of age and SS does not make-up this money so if they are older then no benefits would be paid to them.

But that does not mean it has to end there. 15 years is a long time so you should be able to file for back support from SS and if he is approved for disability then you might be able to receive money if he receives a back payment check (only if he is approved for disability).

If he has not been working (or not paying SS taxes) then if he is approved for disability it may be through SSI and that means you cannot force payment for support.

All of this complicated so please go to the SS office first and see what they tell you. Then you should try to get help from an attorney through your social services office as they have free help for cases like this.

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Please take action yourself and do not wait on the court to get notification or to notify you.

 
November 28, 20180 found this helpful

If a parent is not working how is child support calculated

 

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