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SSI Disability Payments and Child Support

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LdiJ

Senior Member
This is a bit confusing .

It appears Dad was awarded temporary custody some 18 months ago , but instead of terminating his CS payments to mom , the Judge lowered it , because he felt mom needed to support the child(ren) during her visitations .

Mom only utilizes her visit on a blue moon .

Now Dad ( with still temp. orders ) will receive the SSDI benefits for the children , but until modified he will still be paying CS to the mother .

The Judge may just order dad to keep paying mom .

Makes no sense .

I'd still try to have those CS orders terminated due to the fact mom only utilizes her visits once or twice a year .

If she decided to utilize them Dad could tell the court that he'd be happy to send extra food & clean cloths .
I get the impression that dad doesn't fully understand that HE is the one who will be receiving (or should be the one to receive) the children's SS benefits. I got the impression that he thought that mom would be getting them and therefore he shouldn't need to pay her support any longer.

However, in all reality he not only should not have to pay her support any longer, since she is not exercising her visitation, but he ALSO should receive the children's SS benefits.
 


BL

Senior Member
I get the impression that dad doesn't fully understand that HE is the one who will be receiving (or should be the one to receive) the children's SS benefits. I got the impression that he thought that mom would be getting them and therefore he shouldn't need to pay her support any longer.

However, in all reality he not only should not have to pay her support any longer, since she is not exercising her visitation, but he ALSO should receive the children's SS benefits.
Yes , from # 8

You see, all the discussion about SS benefits being applied to the child support obligation is confusing here, because I currently still pay her. I guess I'll find out when I see Social Security in person. I hope I don't have to go back to court to get it awarded in the form of child support.
So ,

Step #1 , apply for children's benefits to come to you . Wait until you receive the award letter and amount(s) .

Step #2 , Petition for modification / termination , because of change in circumstances ( mother receives SSDI & you will receive the children's benefits & mother doesn't regularly/hardly ever utilize her visitations ).

From what I read , it can take up to 6 months for modification in your state , so the sooner you can Petition the better .
 
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When I called to set the appointment with Social Security, they told me that she was not eligable for SSI because she had not worked enough, so she must be getting the other kind of Social Security Disability Benefit- the one that is not "insurance" but funded by taxpayers. They said that her children are not eligable for benefits under the kind of Disability she is receiving. Oh well. Seemed to good to be true.

So, I guess the best I can do to improve my financial situation is to petition for the $60/ week to stop.

Correction- she sees him 1-2 hours / week on the average ( more than 1 or 2 times / year.) And has only exercised 1 overnight in the last year. Sometimes she goes 2 weeks without seeing him, and one time went 1 month. She can see him all she wants but has not done so. So, she does see him almost every week- just not enough in my opinion to merit any money. I think, however, that she'll probably find a way to see him more once she is served with the modification paperwork.
 

TheGeekess

Keeper of the Kraken
When I called to set the appointment with Social Security, they told me that she was not eligable for SSI because she had not worked enough, so she must be getting the other kind of Social Security Disability Benefit- the one that is not "insurance" but funded by taxpayers. They said that her children are not eligable for benefits under the kind of Disability she is receiving. Oh well. Seemed to good to be true.

So, I guess the best I can do to improve my financial situation is to petition for the $60/ week to stop.

Correction- she sees him 1-2 hours / week on the average ( more than 1 or 2 times / year.) And has only exercised 1 overnight in the last year. Sometimes she goes 2 weeks without seeing him, and one time went 1 month. She can see him all she wants but has not done so. So, she does see him almost every week- just not enough in my opinion to merit any money. I think, however, that she'll probably find a way to see him more once she is served with the modification paperwork.
SSI is the welfare program. SSDI is the insurance for workers.
 

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