child support while non custodial is on ssd

[mpersaud]

What is the name of your state? Florida
My situation is a little difficult. My childrens father is currently on social security disability. The department of revenue tells me that they cannot touch his ssd checks because it is just enough for him to live on. They have had my case since 2004 and cannot give me any advise as to what I should do so I could go after him for the child support. My question is how should I go about going after him for child support if I cannot get the dor to back up my case?

 

[eme76]

ok someone correct me if i am wrong....when someone is receiving ssdi dont their children qualify to receive benifits too

 

[BL]

ok someone correct me if i am wrong....when someone is receiving ssdi dont their children qualify to receive benifits too

Yes and that usually offsets any Child Support , unless the State Also has a mandatory minimum .

 

[Ohiogal]

Yep. Why haven't the children been put on to receive benefits?

 

[Gracie3787]

What is the name of your state? Florida
My situation is a little difficult. My childrens father is currently on social security disability. The department of revenue tells me that they cannot touch his ssd checks because it is just enough for him to live on. They have had my case since 2004 and cannot give me any advise as to what I should do so I could go after him for the child support. My question is how should I go about going after him for child support if I cannot get the dor to back up my case?

Is your ex getting SSDI or SSI, or a combination of both?

If he is getting SSI, or a combination of both SSI and SSDI the DOR is correct. SSI is considered to be a form of welfare (disability based) and welfare cannot be used for CS. In a situation where the NCP is getting both, DOR still cannot do anything because of the SSI.

SSDI can be used for CS in some cases, however, as the other posters said, your children will be able to get SS benefits also. Contact the SS office to find out if they qualify.

 

[mpersaud]

he is currently on social security disabilty, which is different from social security income. I would think that the dor would do this and file for the cs on their own. But apparently I would have to go after him on my own for the support, but I thought that was what dor was there for. I want them to send me a court date so the cs would be court ordered and that way i would not have a hard time at the social security office, because they make you go through a whole lot of stuff and fill out a lot of uneeded paper work.Thanks for replying

 

[eme76]

he is currently on social security disabilty, which is different from social security income. I would think that the dor would do this and file for the cs on their own. But apparently I would have to go after him on my own for the support, but I thought that was what dor was there for. I want them to send me a court date so the cs would be court ordered and that way i would not have a hard time at the social security office, because they make you go through a whole lot of stuff and fill out a lot of uneeded paper work.Thanks for replying

it is not "uneeded" paperwork...it is standard to have to jump through aprox. 15,863 hoops of fire to recieve ssdi benifits...however if you want your children to recieve their benifits youll sit down grab a pen (or 2 in case the 1st runs out of ink) and start filling out the forms

 

[mpersaud]

Thanks for the encouragement. I just got off the phone with the ss office and they told me thay could tell me 2 things by giving them his ssn: 1. we cannot make an appointment for you or 2. we can go ahead and make an appointment to apply for benefits. So I am assuming that he is still receiving benefits and I could go apply for my children. I have an appointment on tuesday the 4th of april. Hopefully everything will be good. Thanks again for the positive encouragement.