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RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29758
Experience:  29 years as a family law lawyer .
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my daughter gets SSI because her father is disabled. we recently

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my daughter gets SSI because her father is disabled. we recently found out that someone kept a child from this man for over 9 years and he never knew the child was concieved, and never knew the mother, he thinks he may have been taken advantage of during the low point in his life... my question is can that child really be entitled to half my daughters SSI when her dad never ever supported or acknowledged this other child? My kids and I suffered for years waiting for SSD and SSI, this other kid has never relied on support from him and never suffered because of him, her mother kept the secret. I just cant imagine why someone would do such a thing:(
Submitted: 4 years ago.
Category: Family Law
Expert:  RayAnswers replied 4 years ago.
Thanks for your question.The SSI here goes to the parent who has legal custody for support of the child.The person who has custody gets the check.If does not have custody he gets nothing here because it is for benefit of child.The noncustodial parent here may be obligated to pay support unless the court finds that SSI is enough support here.If you have follow up here please let me know.

Edited by RayAnswers on 11/1/2009 at 4:08 PM EST
Customer: replied 4 years ago.
isnt SSI supplement for child whom he supported, for a child whom lost parent support, the child that has relied upon and been raised by or at least know who the parent is.. The mother stole his child and father has been denied every parental right because of that..now my daughter has to loose out more also? how can I protect her rights to her fathers support she has always relied on and is now being threatened by a child someone stole to keep for herself 10 years ago?
Expert:  RayAnswers replied 4 years ago.
Well help me.I am confused here.which parent is getting support, which parent has legal custody and what is the issue here.Give me the facts first so I can help you.Forget about who got denied what for a minute and help me understand the legal status of the child and which parent is getting paid.

So are you his current spouse/girlfriend with a child and he is getting support and not the first mother is trying to get either support or part of his SSI?

Edited by RayAnswers on 11/1/2009 at 4:26 PM EST
Customer: replied 4 years ago.

the father and I have a daughter we get SSI for her.

some other parent, a mother, has a child that she kept from this father since its conception in 1999 some time, she has recently gotten child support to establish paternity, and now is applying under the fathers SSI benefit for this other child to get SSI (not getting yet and we are disputing under the circumstances).

Father is relinquishing parental rights in court coming up and/or pressing full charges against this woman for hiding/stealing his child.

We really wanted to know if SSI is for the "lost" support of a parent because of injury or death...doesnt the child have to be a dependent and/or have "lost" support from the parent to be eligible for SSI? Are there income restrictions for the other mother and child, because there is for the father and our child?

Expert:  RayAnswers replied 4 years ago.
Thanks for clearing this up.If he is the father here and you can seek dna testing then he is libael for support.He has custody and visitation rights to the child.They aren't going to let him relinquish his rights here, the court will want child support if he is the father

.Again he can seek rights here.also the mother may get retro support so keep that in mind.The child is eligible for SSI if court determines that he is your mans child here.If you seek dna test here you may need a lawyer to force the issue .

But we are talking 18 years of supprot here so it might be worth fighting.And if he is found to be father the dna test here is about $800 and they will access to him.there is no cheap way to contest here but it certainly might be worth it if he believes he isn't the father.

And I very much understand that this woman has mislead him but certainly he can assert rights here starting with dna test.He would benefit from a lawyer here.
Customer: replied 4 years ago.

No he never had any custody or visitation with the other child. he has never met the other child he has never met the other childs mother..he is determined to never meet them, but he'll have to in court.

cant he relinquish rights under these extreme circumstances of basically involuntary, and now voluntary abandonment. its been well over the 7 years most states require for abandonment (no contact or support at all whatsoever)

They cant legally get him for all 18 years, we know that, especially when he proves he was date rapped by someone he never knew, at a party blacked out, and the crazy lady stole the child, and gave the child a crappy life, which we can also prove in court against her.

thank you so much for your time. unfortunately, paternity has been established by oregon child support. this father unknowingly and unconsiously had sex and now my child (which wouldnt be here today if I knew her dad had a kid he didnt know about) is going to suffer financially because of someone elses decisions to steal and keep secret an entire childs life from the father. the father does have an attorney, she is just slow going and this process is driving us nuts and court is taking forever to set a date!

Expert:  RayAnswers replied 4 years ago.
No relinquishment here unless the mother and court allow it.You can try it through the lawyer but to let them relinquish woudl cut off the child supprot and I doubt they will allow that.I'm sorry and your lawyer may be abel to fascilitate resolution.
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 29758
Experience: 29 years as a family law lawyer .
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