SSI Disability Payments and Child Support

[All For Him]

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

I am the primary residential parent (albeit on an open ended temporary order), yet still have to pay my son's mother $60/ week in support because the judge decided that she would need some money for her visitation periods -when he made the change of Primary residential status. His thinking was that she could not provide for him given her mental disorders. Since then, she has told me that she is now receiving full disability benefits from Social Security for her mental disorders, and can even receive extra money / child. I am pretty sure I should go back to court to have the $60 / week stopped, as she has exercised very little visitation (only 1 overnight in the last year - XMass, and average of 1-2 hours / week otherwise.) Does it further help my case that she does receive some money from the government to sustain herself?
Also, can the judge rule that she should now contribute some support, as she now has some income? - even though it is Social Security? How can I find out if she IS claiming our son as a dependant , and receiving extra Social Security money. If she is doing this, it would be totally wrong.

Thank-you

 

[Ohiogal]

Contact the social security office and find out if your child qualifies for a payment and then go from there. They should be able to tell you since you are the custodial parent. Also file to modify child support.

 

[All For Him]

But, regardless of wether or not the child qualifies, would the judge consider her social security income to be money that she should have to pay support from? Or is it that her child support to me would come only from the child's portion of the benefit- should he qualify?

 

[BL]

But, regardless of wether or not the child qualifies, would the judge consider her social security income to be money that she should have to pay support from?

It would be up to the Judge . Often persons receiving little or no income , pay little or no CS .

Look up your States CS laws and calculator .

Or is it that her child support to me would come only from the child's portion of the benefit- should he qualify?

If a Child qualifies under a Parent's SSDI , it often replaces any CS awarded .

It all has to be modified through the Courts .

 

[Gracie3787]

But, regardless of wether or not the child qualifies, would the judge consider her social security income to be money that she should have to pay support from?

It depends on what type of SS benefits she is recieving. If she is recieving SSDI, it is counted as income.
If she is only recieving SSI, it is not counted as income.

Any benefits your child recieves will be credited to any court order for her to pay support.

 

[proud_parent]

It depends on what type of SS benefits she is recieving. If she is recieving SSDI, it is counted as income.
If she is only recieving SSI, it is not counted as income.

Any benefits your child recieves will be credited to any court order for her to pay support.

The bolded is not necessarily true -- a point that I believe both Ohiogal and BL were trying to make.

One would have to petition the Court to modify the child support order and request that SS benefits received by the child offset (or be applied toward) the child support obligation. Although it is likely that the Court would in fact grant such a petition, it is not automatic.

 

[All For Him]

I contacted SS, and they said that I could just file for benefits through them, as his custodial parent- but on the phone they could not tell me for sure if it mattered that I have only a temporary order. They seemed not to care wether or not I went to court about the $60 I pay her- said it was a seperate issue to be handled in the courts. So I guess I can first proceed through Social Security?

Thanks

 

[All For Him]

You see, all the discussion about SS benefits being applied to the child support obligation is confusing here, because I currently still pay her. I guess I'll find out when I see Social Security in person. I hope I don't have to go back to court to get it awarded in the form of child support.

 

[BL]

I contacted SS, and they said that I could just file for benefits through them, as his custodial parent- but on the phone they could not tell me for sure if it mattered that I have only a temporary order. They seemed not to care wether or not I went to court about the $60 I pay her- said it was a seperate issue to be handled in the courts. So I guess I can first proceed through Social Security?

Thanks

If you have a temporary court order signed and entered into record .

Then as far as SSA is concerned , you are the custodial parent .

 

[BL]

You see, all the discussion about SS benefits being applied to the child support obligation is confusing here, because I currently still pay her. I guess I'll find out when I see Social Security in person. I hope I don't have to go back to court to get it awarded in the form of child support.

You will still have to go to court for temporary custody to be awarded further custody .

You will still need to go to court to have your CS modified .

 

[All For Him]

I already have temporary custody ( for the last 18 months - and she is OK with it the way it is into the future). That is the most recent court order.

 

[BL]

I already have temporary custody ( for the last 18 months - and she is OK with it the way it is into the future). That is the most recent court order.

Great , use it to your advantage .

Why didn't you go to court for child support modification when your Temp. Custody Order was entered into record , with your copy in hand ?

 

[All For Him]

My support was lowered from $650/ month to $250 when the temporary order was issued. He kept me paying her because he believed that she could not support herself, and would need money during the times she had visitation. This is where I believe SSI should erase the need for me to pay her. I guess I can be hopeful that Her SSI benefits could even provide her portion of the child's support to help make ends meet here.

 

[Gracie3787]

Step 1- file for benefits with the SSA.

Step 2- as soon as you know what the benefits will be, file for a modification of your order. You'll need to specifically request that the child's benefits be credited to any support ordered.

 

[BL]

Step 1- file for benefits with the SSA.

Step 2- as soon as you know what the benefits will be, file for a modification of your order. You'll need to specifically request that the child's benefits be credited to any support ordered.

This is a bit confusing .

It appears Dad was awarded temporary custody some 18 months ago , but instead of terminating his CS payments to mom , the Judge lowered it , because he felt mom needed to support the child(ren) during her visitations .

Mom only utilizes her visit on a blue moon .

Now Dad ( with still temp. orders ) will receive the SSDI benefits for the children , but until modified he will still be paying CS to the mother .

The Judge may just order dad to keep paying mom .

Makes no sense .

I'd still try to have those CS orders terminated due to the fact mom only utilizes her visits once or twice a year .

If she decided to utilize them Dad could tell the court that he'd be happy to send extra food & clean cloths .