SSD when child turns 18

What is the name of your state? Georgia

Hi - I am disabled and receive SSD. My two sons also receive SSD on my behalf, but those payments go to my ex since she has custody. There is no child support order because the SSD payment exceeds the state formula.

The older boy just turned 18. So technically, his mother doesn't have custody of him, although he still lives in her house while finishing high school.

It's my understanding that he will receive SSD payments until age 21 as long as he is in school. Is this correct?

If so, can he or I arrange for the payment to be sent directly to him, or failing that, to me, rather than to his Mom? She is charging him rent on top of the SSD check! Meanwhile, my company pension is reduced by the payment made to the kids, so I am in effect paying CS for a kid who is no longer a minor.

Does anyone know what is supposed to happen, or where I can look for guidance in this matter? Thanks.

I've never heard that SSD to a child exceeds their 18th birthday. However what ends up happening is the same amount of money is given it is just now for the one child that remains a minor. You should try the SS website, they have a Q&A and a place you can e-mail questions. They are generally fast in answering questions.

Thanks and a follow up

Thanks - I went to the website and found more answers. One more question, if you know it - if my family benefit stays the same for just one child, it will be well in excess of the Child Support I would be ordered to pay for one child in Georgia.

Any chance I could have the court order the ex to pay me back the excess, or get the benefit paid to me as joint legal custodian, and just pay her a part of it in CS?

Anyone ever succeed with this approach?

Do you have standard visitation meaning every other weekend and one night a week or do you have more visitation then that?

The odds are slim especially if you have only standard visitation. SSDI is for the child's current care and the courts look at the parent with the most physical time as the primary caregiver. My husband has 50/50 with out child support. His ex in fact makes much much more money then he does and he was ordered to give 50% of the SSD to her every month.

There is no child support order because the SSD payment exceeds the state formula.

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As you were told , when the benefits stop for the older child , the same amount will still be received by the Parent for the younger child .

You are in dreamland if you think a court is going to make the Parent pay some back .

The amount SSDI pays for the child(ren) on the Disabled Adult's behalf , does not really effect YOUR amount , at least in cases I know of it did not .

Once the payments to the children stopped , the amount the Adult disabled recipient received was still the same .