SSDI and Child support

[babbagene]

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

Hi, I am a father of 2 children ages 5 and 16 , me and my wife are in the midst of a divorce in which we have joint custody of the children however they live with me(full time). I am on ssdi via an accident I had in 2001 , I am 45 years old, during our marraige both my wife and 2 children received a check each month based on my disability, however now that my wife has moved out the children now receive her portion of the ssdi check she was getting thru me. My question is the following : Am I still entitled to child support from my wife or does the ssdi that my children are getting compensate for it (even though the checks are based on my disabilities and not my wifes)

 

[LdiJ]

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

Hi, I am a father of 2 children ages 5 and 16 , me and my wife are in the midst of a divorce in which we have joint custody of the children however they live with me(full time). I am on ssdi via an accident I had in 2001 , I am 45 years old, during our marraige both my wife and 2 children received a check each month based on my disability, however now that my wife has moved out the children now receive her portion of the ssdi check she was getting thru me. My question is the following : Am I still entitled to child support from my wife or does the ssdi that my children are getting compensate for it (even though the checks are based on my disabilities and not my wifes)

Yes, your wife should still pay child support. The SSDI benefits that the children receive are YOUR share of the children's support, not your wife's share. If your wife were to have primary custody, then the children's benefits would go to her as your share of their support.