Eligibility of Adopted Child to receive Biological Father's SS Disaiblity Benefits

[sissyjohnson]

What is the name of your state (only U.S. law)? Minnesota

My son's biological father disappeared about five years ago and stopped paying child support. I then remarried and my new husband adopted my son and we changed my son's name. At that point, child support ceased to acrue monthly and currently stands in arrears of $31,000.00 USD. Now, out of the blue, I have received an email from my son's biological father indicating that has been disabled for about a year, is now going to be receiving Social Security Disability payments. He states that my son is eligible for a one time payout of $15,000.00 USD and $700.00 USD a month until he is 18 or 23 if in college. The biological father states my son is only eligible for this benefit if he is still his "dependent." All the information I can find from the Social Security Administration refers to "biological child" and not "dependent child." So, is my son still eligible for this benefit. Also, because my ex-husband is $31,000.00 USD in child support arrears, wouldn't any benefit amount he receives be attached to repay those arrears?

[TheGeekess]

When your husband adopted your child, biological father's rights and obligations were terminated (if this were done in the legal fashion). There are no dependent benefits for his former child.

[momofrose]

Originally Posted by sissyjohnson

What is the name of your state (only U.S. law)? Minnesota

My son's biological father disappeared about five years ago and stopped paying child support. I then remarried and my new husband adopted my son and we changed my son's name. At that point, child support ceased to acrue monthly and currently stands in arrears of $31,000.00 USD. Now, out of the blue, I have received an email from my son's biological father indicating that has been disabled for about a year, is now going to be receiving Social Security Disability payments. He states that my son is eligible for a one time payout of $15,000.00 USD and $700.00 USD a month until he is 18 or 23 if in college. The biological father states my son is only eligible for this benefit if he is still his "dependent." All the information I can find from the Social Security Administration refers to "biological child" and not "dependent child." So, is my son still eligible for this benefit. Also, because my ex-husband is $31,000.00 USD in child support arrears, wouldn't any benefit amount he receives be attached to repay those arrears?

You don't get to have it both ways...no he is entitled to nothing from his bio-father.

[sissyjohnson]

I appreciate both of your opinions.

To the second respondent, however, I wasn't asking to "have it both ways." As indicated in my post, my ex-husband contacted me after seven years out of the blue. I in fact have not gone after him for ANYTHING, not even to get the $31,000.00 of child support arrears which my son is ABSOLUTELY entitled to but likely will never see a dime of.

Also, any opinion on the second part of my question would be appreciated. There were TWO questions asked.

Thanks any and all!

[Ohiogal]

Originally Posted by sissyjohnson

I appreciate both of your opinions.

To the second respondent, however, I wasn't asking to "have it both ways." As indicated in my post, my ex-husband contacted me after seven years out of the blue. I in fact have not gone after him for ANYTHING, not even to get the $31,000.00 of child support arrears which my son is ABSOLUTELY entitled to but likely will never see a dime of.

Also, any opinion on the second part of my question would be appreciated. There were TWO questions asked.

Thanks any and all!

yes they can attach his income for arrears and I believe that includes disability.

Note to self: Really hate disability questions because SSDI and SSi frustrate me to no end -- need to take a CLE on them.

[xylene]

Originally Posted by sissyjohnson

What is the name of your state (only U.S. law)? Minnesota

My son's biological father disappeared about five years ago and stopped paying child support. I then remarried and my new husband adopted my son and we changed my son's name. At that point, child support ceased to acrue monthly and currently stands in arrears of $31,000.00 USD. Now, out of the blue, I have received an email from my son's biological father indicating that has been disabled for about a year, is now going to be receiving Social Security Disability payments. He states that my son is eligible for a one time payout of $15,000.00 USD and $700.00 USD a month until he is 18 or 23 if in college. The biological father states my son is only eligible for this benefit if he is still his "dependent." All the information I can find from the Social Security Administration refers to "biological child" and not "dependent child." So, is my son still eligible for this benefit. Also, because my ex-husband is $31,000.00 USD in child support arrears, wouldn't any benefit amount he receives be attached to repay those arrears?

Given the dramatic change of circumstances, you really need to have a sit down with a family law attorney who represents you.

[TheGeekess]

Originally Posted by Ohiogal

yes they can attach his income for arrears and I believe that includes disability.

Note to self: Really hate disability questions because SSDI and SSi frustrate me to no end -- need to take a CLE on them.

Question
What is the difference between Social Security disability and SSI disability?
Answer
The Social Security Administration is responsible for two major programs that provide benefits based on disability: Social Security Disability Insurance (SSDI), which is based on prior work under Social Security, and Supplemental Security Income (SSI). Under SSI, payments are made on the basis of financial need.

Social Security Disability Insurance (SSDI) is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to blind or disabled workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

Supplemental Security Income (SSI) is a program financed through general revenues. SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources. See Understanding Supplemental Security Income for an explanation of SSI benefit payment rates.

Question
Can my children receive dependent's benefits because I am on Supplemental Security Income?
Answer
No. Supplemental Security Income (SSI) benefits are based on the needs of the individual and are only paid to the qualifying person. There are no spouse's, children's or survivors benefits payable.

Question
Can Social Security benefits be garnished, levied or otherwise withheld by the Federal government?
Answer
Yes. There are a number of instances where the Federal Government can garnish Social Security benefits, including:
* We can garnish benefits to enforce child support and /or alimony obligations -Section 459 of the Act;
* The Internal Revenue Service can levy against benefits to collect unpaid Federal taxes -Section 6334(c) of the Internal Revenue Code;
* The Internal Revenue Service can collect taxes due by levying up to 15 percent of your monthly benefit until the debt is paid;
* The Internal Revenue Service allows beneficiaries to have a portion of their check withheld to satisfy a current year Federal income tax liability - Section 3402 (P) of the Internal Revenue Code; and
* Other Federal agencies can collect money from your benefits to pay a non-tax debt you owe to that Agency - Debt Collection Act of 1996 (Public Law 104-134).
[url=http://www.ssa.gov]Social Security Online - The Official Website of the U.S. Social Security Administration[/url]

[Gracie3787]

Originally Posted by TheGeekess

Question
What is the difference between Social Security disability and SSI disability?
Answer
The Social Security Administration is responsible for two major programs that provide benefits based on disability: Social Security Disability Insurance (SSDI), which is based on prior work under Social Security, and Supplemental Security Income (SSI). Under SSI, payments are made on the basis of financial need.

Social Security Disability Insurance (SSDI) is financed with Social Security taxes paid by workers, employers, and self-employed persons. To be eligible for a Social Security benefit, the worker must earn sufficient credits based on taxable work to be "insured" for Social Security purposes. Disability benefits are payable to blind or disabled workers, widow(er)s, or adults disabled since childhood, who are otherwise eligible. The amount of the monthly disability benefit is based on the Social Security earnings record of the insured worker.

Supplemental Security Income (SSI) is a program financed through general revenues. SSI disability benefits are payable to adults or children who are disabled or blind, have limited income and resources, meet the living arrangement requirements, and are otherwise eligible. The monthly payment varies up to the maximum federal benefit rate, which may be supplemented by the State or decreased by countable income and resources. See Understanding Supplemental Security Income for an explanation of SSI benefit payment rates.

Question
Can my children receive dependent's benefits because I am on Supplemental Security Income?
Answer
No. Supplemental Security Income (SSI) benefits are based on the needs of the individual and are only paid to the qualifying person. There are no spouse's, children's or survivors benefits payable.

Question
Can Social Security benefits be garnished, levied or otherwise withheld by the Federal government?
Answer
Yes. There are a number of instances where the Federal Government can garnish Social Security benefits, including:
* We can garnish benefits to enforce child support and /or alimony obligations -Section 459 of the Act;
* The Internal Revenue Service can levy against benefits to collect unpaid Federal taxes -Section 6334(c) of the Internal Revenue Code;
* The Internal Revenue Service can collect taxes due by levying up to 15 percent of your monthly benefit until the debt is paid;
* The Internal Revenue Service allows beneficiaries to have a portion of their check withheld to satisfy a current year Federal income tax liability - Section 3402 (P) of the Internal Revenue Code; and
* Other Federal agencies can collect money from your benefits to pay a non-tax debt you owe to that Agency - Debt Collection Act of 1996 (Public Law 104-134).
[url=http://www.ssa.gov]Social Security Online - The Official Website of the U.S. Social Security Administration[/url]

SSI cannot be garnished for any reason, including CS arrears.

SSDI, CAN be.

[xylene]

Look the bottom line is, that Dad is a deadbeat. Nothing he says should be taken at face value.

The fact that he has said anything AT ALL for over 5 years, is the big change.

What are the consequences of his disability and what he has come in to as a result...

MOM needs her own lawyer to look into that.