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ss and child support

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M

matrix_l

Guest
What is the name of your state? texas
here is the breakdown.I became pregnant and the natural father dissapeared, I then married another man ,after three years he passed away and my daughter and I recieve ss death bennefits , I am now going through the Attorney General about the natural father..his lawyer wants me to accept a lower amount of child support,no back support as well as keep the ss bennefits.I now have to retain a lawyer. any advice would be appreciated.thank you
 


VeronicaGia

Senior Member
I don't understand. Are you saying that you're collecting SSI for your child based on a deceased person who is not the childs father, and you also want to collect support from the bio-father?I believe that is illegal.

Or are you saying you are collecting SSI for you, and now you want support from the bio-father?

Support goes by state guidelines. Is the attorney saying that child support will be less than SSI?

Here is a link to give you an idea of what guideline support would be:

www.supportguidelines.com
 
M

matrix_l

Guest
let me explain more. when I even filed for the ss I was told I was able to since my husband was contributing to her and acting as her father since her birth. my daughter wanted to know her biological father and the only way he would even attempt to talk to her was if I filed with the Att Gen to get a paternity test, in doing that he is now liable for support I wasnt seeking it.. and yes the support will be less than the ss.
 

VeronicaGia

Senior Member
You can't collect both. But now that a DNA test was done, if the AG wants to pursue support, you will have to give up the SSI.

Support is based on income. Unless there is a good reason for the judge to deviate from the guidelines, you will collect guideline support. If it is less than SSI, then it is less.

Also, support will only go back to the date an Order to Show Cause was filed, not years. So if the OSC was filed three months ago, then that is the date the order will come into effect.
 

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