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  1. #1
    mona21 is offline Junior Member
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    SSI Payments and Joint Custody?

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

    Recently divorced; the ex and I have joint (50/50 exactly) custody of our children, 3 of who have developmental disabilities and were recently approved for SSI disability payments.

    When we applied for the benefits we were still legally married and living together so both of our incomes were factored into the determination process. During the determination process my ex was unemployed and then only working part time which is how we qualified income wise for the payments.
    Now we are no longer living together and I know that it changes as our incomes are now separate, but how exactly does that work? On my income alone, they still qualify for SSI payments. Ex as long as he is employed full time would not qualify. Ex says that he was told that the determination for disability payments would be made on my income alone and his would not factor into it, however, since we share custody 50/50, he said we have to split the monthly payments. I am currently the representative payee for them so I receive the payments. He claims the SSI office told him that there could only be one payee which I believe; however the part I am wondering about, is if they are only eligible based on my income, would I be obligated to split the monthly payment with my ex?
  2. #2
    Onderzoek is offline Member
    Join Date
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    Quote Originally Posted by mona21 View Post
    What is the name of your state (only U.S. law)? MN

    Recently divorced; the ex and I have joint (50/50 exactly) custody of our children, 3 of who have developmental disabilities and were recently approved for SSI disability payments.

    When we applied for the benefits we were still legally married and living together so both of our incomes were factored into the determination process. During the determination process my ex was unemployed and then only working part time which is how we qualified income wise for the payments.
    Now we are no longer living together and I know that it changes as our incomes are now separate, but how exactly does that work? On my income alone, they still qualify for SSI payments. Ex as long as he is employed full time would not qualify. Ex says that he was told that the determination for disability payments would be made on my income alone and his would not factor into it, however, since we share custody 50/50, he said we have to split the monthly payments. I am currently the representative payee for them so I receive the payments. He claims the SSI office told him that there could only be one payee which I believe; however the part I am wondering about, is if they are only eligible based on my income, would I be obligated to split the monthly payment with my ex?
    For SSI, there is no 50/50. Neither you nor your ex is supposed to use the SSI to pay the other parent. SSI will determine which parent has primary custody for what month and that parent's income will be used in deciding payment for that month. If you and your ex change primary custody on a monthly basis, then SSI is supposed to change monthly but SSI program will NEVER be able to automate this. Each month, there will have to be a determination made. I envision many months of incorrect payments will ensue and both of you will spend many hours in your local office.

    How much child support are you expecting that he will pay?

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