SSDI and Child Support

[jkrieger]

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

In a divorce, the mother is primary custodian of two children. The father is on SSDI. The two children receives SSDI each under their father SS number. Currently the mother is representative payee for both children.

The question is how that income for the two children "classified". Father continues to say "he is paying child support" to mother when the two checks for each child is really government's money, and follows the children for their basic living needs, whether it be mother or a guardian.

So, is the money called "child support" or not.

The answer helps the mother because she is often uncertain whether to put down the children's amounts on some applications (e.g., free/reduced lunch program) under "child support" or that is not to be reported, etc.

Thank you!

[BL]

Originally Posted by jkrieger

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

In a divorce, the mother is primary custodian of two children. The father is on SSDI. The two children receives SSDI each under their father SS number. Currently the mother is representative payee for both children.

The question is how that income for the two children "classified". Father continues to say "he is paying child support" to mother when the two checks for each child is really government's money, and follows the children for their basic living needs, whether it be mother or a guardian.

So, is the money called "child support" or not.

The answer helps the mother because she is often uncertain whether to put down the children's amounts on some applications (e.g., free/reduced lunch program) under "child support" or that is not to be reported, etc.

Thank you!

The fact is ,it is income coming into the household and should be reported ,even if it's under other income .

Some States will in a court order apply the SSDI benefits the children receive toward or in place of child support obligations .And yes it is a form of support for the children .

[jkrieger]

Thank you for your reply.

I follow what you explained. In regards on how it is treated in Mother's household (e.g., other income).

But is it correct/fair for the Father to say "I am paying child support" when he really had no say in that -- that the SSDI determined that the mother is to be the representative payee for both children since they live with Mother full time, with Father having parental visitation rights. This line of thinking Father has has caused alot of problems to the family because Father demands or expects Mother how to spend the money because it is "his child support".

Many thanks in advance.

[BL]

He can't dictate how it's spent. The benefits are to help out with household expenses,clothing ,school supplies ,etc .

If he wants the to nit pick about child support , he should take it through the court to have it applied toward child support obligation ,if the State allows .

If the mother is neglecting the children's basic needs that's another ballgame he'll have to fight.

[commentator]

By all means, when you fill out free lunch/commodities/ financial aid/ LIEAP, extra assistance forms of any kind, list this as SSDI for your children, not as child support! In many cases, the income guidelines that are used in these programs exclude certain incomes when computing income for eligibility. So they might count "child support" and not count a governmental program like SSDI if it is identified as such.

State operated human services programs, such as food assistance and Medicaid programs will know exactly how to count it, as they will also be verifiying it, whatever you want to call it. But some programs (especially privately contracted federal programs or city operated programs) do not verify all the information presented to them, so be sure the source of this income is correctly identified, will get through the "glance and discard" phase of screening.

It may make your ex feel better to think that through his disability he is paying "child support," using the money he worked out before he became disabled. That should not affect what you call it when you provide income information. And even if it were child support, he cannot tell you how it must be spent, as long as your children are being adequately provided for.