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SSI Benefits and Child Support

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earthdance

Junior Member
What is the name of your state?
All parties concerned live in CA.

Non-custodial father is taking me back to court to have child support dropped. I understand that he can do that because he is deemed permanently disabled. I have no spouse and am the sole supporter of our son. I am working two jobs to support us. My questions are:
1. If he is deemed permanently disabled, can he still work and receive benefits?
2. What if his disability was brought on by or exacerbated by drug use, specifically crystal methamphetamine?
3. Is his son entitled to his SSI benefits after he dies?
4. If he were to move in with or marry a person with a exceedingly large income, can I then submit an application for modification of support?
5. Can the court modify the amount of child support rather than dropping it all together?

Thank you for any help! The amount due me for support is the amount of $233.00 per month.What is the name of your state?
 


nextwife

Senior Member
earthdance said:
What is the name of your state?
All parties concerned live in CA.

Non-custodial father is taking me back to court to have child support dropped. I understand that he can do that because he is deemed permanently disabled. I have no spouse and am the sole supporter of our son. I am working two jobs to support us. My questions are:
1. If he is deemed permanently disabled, can he still work and receive benefits?
Will he be recieving SSDI or SSI? A party recieving SSDI can potentially earn a limited amount without losing benefits.

earthdance said:
2. What if his disability was brought on by or exacerbated by drug use, specifically crystal methamphetamine?
I do not believe lifestyle factors impact benefitts. People who have had strokes and heart attacks due to smoking, poor diet, and overweight still get their benefits if they otherwise qualify.

earthdance said:
3. Is his son entitled to his SSI benefits after he dies?
Many of your questions can be answered at:p

http://www.ssa.gov/disability/

earthdance said:
4. If he were to move in with or marry a person with a exceedingly large income, can I then submit an application for modification of support?
This is not their child. ONLY the bioparents (you and he) have any legal responsibility toward this child.

earthdance said:
5. Can the court modify the amount of child support rather than dropping it all together?

I do not believe SSI can be garnished. If he is getting SSDI, the child will be entitled to benefits as well, which you should apply to recieve.

Thank you for any help! The amount due me for support is the amount of $233.00 per month.What is the name of your state?
 

BL

Senior Member
If He starts receiving SSDI ( eligible from work history ) , his children will be eligible for a sum , i believe around equal to 1/2 of what he receives until age 18 . Not out of his check but separately .

If SSI ( non eligible from work history ) , then the children wouldn't receive an benefits on his behalf .

Either way , his support obligation will be modified , if not eliminated .

Some states have a min. child support payment obligation with little or no income .

My State' min. is 50 bucks per month .

SSDI and SSI turn into social Security benefits at age of retirement .
 
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earthdance

Junior Member
Thanks for the info

My Ex is receiving SSI. He just found out that he doesn't have to pay child support (what government agency made up that law???) if he is receiving SSI. My attitude is..Just because you can, doesn't mean you should.

Well, we'll go to court with our heads held high - I have a fine boy and for that I am grateful.

Thanks again
 
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