On SSDI and non custodial parent

[Jazzy_girl]

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

I am doing this on my fiance's behalf. He has 3 children his ex is refusing to let him see and the SSDI barely covers the bills, but his ex does not collect anything in child support or from his SSDI. I know there were a few topics on children and SSDI, but none seemed to answer our question. He has visitation rights, and a thread under family law which explains that in greater detail, but the ex refuses to allow any contact and he needs a lawyer to fight for his kids. Could he get money that his children are entitled to through his SSDI and use it to get joint custody? Any advice is appreciated.

[TheGeekess]

Only if he wants to pay the SSA back and get booted because of fraud.

His children's mother should be getting the dependent benefits for her CS.

[BL]

Originally Posted by Jazzy_girl

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

I am doing this on my fiance's behalf. He has 3 children his ex is refusing to let him see and the SSDI barely covers the bills, but his ex does not collect anything in child support or from his SSDI. I know there were a few topics on children and SSDI, but none seemed to answer our question. He has visitation rights, and a thread under family law which explains that in greater detail, but the ex refuses to allow any contact and he needs a lawyer to fight for his kids. Could he get money that his children are entitled to through his SSDI and use it to get joint custody? Any advice is appreciated.

So what thread of Dad's are we suppose to refer to ?

[Jazzy_girl]

This is the link to the family law thread [url]http://forum.freeadvice.com/child-custody-visitation-37/need-modify-visitation-order-nc-486049.html[/url]

I know the mother should be getting benefits, but she chose not to give the father their children's ssn when he began filing for SSDI. At the time he did not realize that he could get the numbers from the Social Security Office nor does he know how to get it changed since he got disability.

There was already child support set up and the mother told the courts she didn't want the money from him so the courts determined that he did not need to pay child support.

Any advice on how to get an affordable attorney since SSDI barely pays the bills and I am not able to find a job money is extremely tight.

[IsabellaSoriano]

Originally Posted by Jazzy_girl

This is the link to the family law thread [url]http://forum.freeadvice.com/child-custody-visitation-37/need-modify-visitation-order-nc-486049.html[/url]

I know the mother should be getting benefits, but she chose not to give the father their children's ssn when he began filing for SSDI. At the time he did not realize that he could get the numbers from the Social Security Office nor does he know how to get it changed since he got disability.

There was already child support set up and the mother told the courts she didn't want the money from him so the courts determined that he did not need to pay child support.

Any advice on how to get an affordable attorney since SSDI barely pays the bills and I am not able to find a job money is extremely tight.

dad can still not collest those monies. doing so would constitute fraud. only the children are entitled to it. all he has to do, is head down to the SSA office, give the children SSN's mom's name and address, mom will get the check in the mail as the guardian.

dad should be paying anyway, regardless. it's the adult thing to do.

dad will need to hunt for an attorney. SSDI isn't meant to get rich off of. and it's definitely not meant to support you. only him.

[Jazzy_girl]

I understand that dad cannot collect the money on his children’s behalf as that is fraud, even if he used it to be able to see them, that has been made clear to me. His ex does not let him have any contact with his children nor did she ever cash checks that were for the children whether it was birthday money or the child support checks–he has no problem supporting his kids.

He just wants to get the visitation order modified so he can see them. As the other thread stated it is a very vague court order that is nearly impossible to enforce. He has looked for an attorney–legal aid said they don’t have the resources at this time for family law and the minimum he found was 2k. As I stated he check barely covers the bills–I know his check is not meant to take care of me or to get rich off of, but I am out of work and everything is in his name and stuff he had before I moved in...food is the only expense that has increased due to me and I currently am getting food stamps to help with that.

Now I know people will say get rid of the internet and cell phone, but we don’t have tv and you can only read so much and the cell phone is our only phone. We save on our electric by keeping the air and heat off/down and using extra blankets in the winter and just deal with the heat in the summer. We buy the cheapest food we can and make our buck go longer.