I am a grandparent raising 3 grandchildren. The parents were ordered to pay child support and not much at that, but anyway they have never paid a dime in 2 years. Now the mother is bragging that she will never have to pay me because she just got her SSI. My question is this, can the children draw on her SSI and receive a check also? This is completely unfair, I have to pay for everything for all these children and she won't even buy them a birthday present. I have to take the kids every other weekend to spend 2 hours with her for visits. And now she is bragging she don't have to pay. I think the law should say no child support, no visits.
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So sorry you are going through that. From a cursory look, it looks like at times SSI can be garnished. I think most likely due to your senior status you would get special consideration. You might contact legal aid.
"If you are awarded SSI, your benefits cannot be garnished to make child support payments. If you receive SSDI and have been court-ordered to pay child support (or alimony), your benefits can be garnished to satisfy your legal obligation." www.nolo.com/
I would contact the Social Security Administration and ask for their take on it. You might not need a lawyer if they could help you.
Some things differ according to the state the parent or children live in but if the order you received was through your court system then you may be able to get some help but if she is getting SSI they will most likely not honor any past money owed.
Actually, in some states, visitation is stopped if child support is not paid. You need to contact the SSA with all your paperwork. Who are the parents supposed to be paying the child support to? To you? If so, notify the court they are not paying it. If they are to pay it directly to the court for the court to reimburse you, then contact the court and tell them that the mom is now getting ssi. Anytime you can get the child support arranged to pay the court (for them to then forward to you) do it. They usually automatically go after the parent when they don't pay.
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