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child support and social security disability benefits

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venus72

Member
What is the name of your state? nj my husband filed for social security disabilty benefits 2 years ago and social security wants to give him a lump sum settlement at $797.00 a month for 24 months and close his case since he's had back surgeryand can now go back to work.. My ? his daughter ( who he does not have custody of ) has a child support order of $250 a month. Social security would give his daughter 1/2 of what he gets which works out to be 389.50 a month for her. Now because the cs order is less will they only give the 250 or the 389.50 and will the ss benifit go to child support or the custodial parent? thanks
 


VeronicaGia

Senior Member
If he has proven to SSDI what his CS obligation is, they will likely send the $250/month directly to the Child Support Enforcement agency so he gets proper credit. If you collected welfare and he has welfare arrears, believe me when I tell you the state will get their money before you do.
 
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happy2Bme

Guest
From personal experience, I know that the CS order will be paid at $250 per month, AND the child will receive the dependent benefits as well. Dependent benefits in no way effect the normal disability benefits. However, the CS will come from your husband's $700+ per month.

File a mod, and request a credit for benefits received on behalf of the child, those benefits are independent income of the child, and should reduce the CS dollar for dollar.

*You will need to get something from the SSA showing how much the CP has received on behalf of the child.
 

venus72

Member
thank you for that information. What are dependant benefits? Are they separate from what cs will receive? What about his other child who does not have a cs order will he receive benefits also?
 
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happy2Bme

Guest
For example, to make it easy, lets say your husband receives $1000 per month (before any deductions) in SSDI benefits. The dependents will be entitled to 50% of that amount ($500) the $500 will then be divided amongst the dependent children $250 each for 2 kids. The child support will then be deducted from the Disabled person's SSDI benefits ..... lets say $250 per month. So the NCP's benefits will be reduced to $750 per month. The child for whom the CS order is for, will receive $500/mo total between CS and Depenedent benefits. Keep in mind, that if the child(ren) are under 16 years of age, the funds will be sent in the name of a Representative Payee, for the child's benefit.

FILE FOR A MODIFICATION!!
 

venus72

Member
thank you. that does clear things up for me. When i called ssdi they were no help at all. Thanks again.
 

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