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Old 08-19-2008, 08:09 AM   #1
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njmom2 HB User
Child Support and Disability

My son (age 8) receives a monthly payment from disability (i have terminal cancer). If I pursue child support from my son's father, will the disability payments to my son be forfeited?

 
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Old 08-19-2008, 11:26 AM   #2
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lindasj HB User
Re: Child Support and Disability

If he is getting a disability check because he is disabled then no. If he is drawing off yor disability then yes the check will be be discontinued when you die. You really need to contact SSA and your depart of Human Services, which in most states wor with child support enforcement. to find out for sure. You could research it online first to get an idea.

 
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Old 08-19-2008, 03:03 PM   #3
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Re: Child Support and Disability

are you on ssi or ssdi?

Becuz i think if your on ssdi you could be a millionaire and it wont affect anything.

 
Old 08-20-2008, 07:34 AM   #4
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Re: Child Support and Disability

I worked for Child support offices and the way it was handled there, was that if the check your son receives is SSI or TANF, they would want to go after Child support from the other parent to pay back the monies paid out for your son's upkeep. That is, if it is some assistance program funds. If the check is based on the custodial parent's work record, it would have nothing to do with the amount the non-custodial parent is responsible for. If it is SSDI, it would have no bearing on the other parent's responsibility other than it would be figured into the amount needed for your son's upkeep and may be considered in the amount the other parent would have to pay. I would call my local child support office and inquire. For one thing, the office can locate the other parent if that is an issue and can take them to court if necessary so you do not have to pay an attorney. All states may operate differently in their enforcement of child support, I would inquire and see if they can help answer all your questions.

Another thing, is that if the child is drawing off your SSDI record, he would be able to draw until he reaches the age of 18 in the event of your death. I thought that needed to be clarified.

Last edited by goldyfm; 08-20-2008 at 07:38 AM. Reason: additional thought

 
Old 12-15-2010, 08:21 PM   #5
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Re: Child Support and Disability

i have a question... im thinking about pursueing child support from my childs father and my son recives ssi but he does not. and my question is if i pursue will it affect his ssi payments..and how mabe...

 
Old 12-16-2010, 12:38 PM   #6
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Re: Child Support and Disability

absolutley not. but you may want to consult an attorney this question along with any others relating will be answered at no cost to you-contact your local Bar Association for assistance

Your previous post states"my son recieves sssi but he does not"- what does THAT mean?
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Last edited by BB07; 12-16-2010 at 12:40 PM.

 
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