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Floridalegalanswer
Floridalegalanswer, Family Law Attorney
Category: Family Law
Satisfied Customers: 427
Experience:  I am an attorney licensed in Florida capable of answering your legal questions in the area of Florida Family Law
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my ex husband pay child support to me, but told me that since he rents a room from me he i

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my ex husband pay child support to me, but told me that since he rents a room from me he is no longer under florida lasw to continue to make child support payments. Is this true? Also my ex will be collecting social security disability benefits. Is my son entitled to seperate benefits.

Floridalegalanswer :

Hi there!

Floridalegalanswer :

Is there a current Order in effect that requires your ex husband to pay child support? If so, then he is obligated to pay the child support pursuant to the Order.

Customer:

yes there is a court order

Floridalegalanswer :

Are you renting him a room in the same house that you and the child live in? If so, your ex-husband could potentially file for a modification of the child support.

Customer:

yes he does

Floridalegalanswer :

Okay. So, he could potentially file for a modification.

Customer:

what about the social security disaility benefits. is my son entitled to seperate benefits under his disability

Customer:

I doubt he would file for a modification as he has no money for attorney fees

Floridalegalanswer :

Yes, the child may be entitled to benefits as well.

Customer:

will the benefit payments be sent to me or my ex

Floridalegalanswer :

http://www.ssa.gov/pubs/10085.html#a0=0

Floridalegalanswer :

Generally, You can arrange the payment to be paid to you because you are the custodial parent.

Customer:

how do I do that

Customer:

do I go to the site you just sent me to apply for my sons benefits

Floridalegalanswer :

Do you know if it is disability or SSI?

Customer:

disability

Floridalegalanswer :

Okay.

Customer:

I know he will be geting about 1700.00 a month. Do you know about how much my son my be entitled to

Floridalegalanswer :

It will depend on both your and your ex-husband's financial resources.

Floridalegalanswer :

When you apply for benefits for your child, you will need the child’s birth certificate and the parent's and child’s Social Security numbers. Depending on the type of benefit involved, other documents may be required. For example, if you are applying for survivors benefits for the child, you will need to furnish proof of the parent’s death. If you are applying for benefits for a disabled child, you will need to furnish medical evidence to prove the disability. The Social Security representative who sees you will tell you what other documents you will need.

Customer:

so do they determine income based on gross or net income

Floridalegalanswer :

Within a family, a child may receive up to one-half of the parent’s full retirement or disability benefit, or 75 percent of the deceased parent’s basic Social Security benefit. However, there is a limit to the amount of money that can be paid to a family. The family maximum payment is determined as part of every Social Security benefit computation and can be from 150 to 180 percent of the parent’s full benefit amount. If the total amount payable to all family members exceeds this limit, each person’s benefit is reduced proportionately (except the parent’s) until the total equals the maximum allowable amount.

Floridalegalanswer :

As you can see, it is somewhat of a complicated calculation.... the best I can really tell you is to apply on behalf of the child and I would assume the Social Security Representative will assist you with getting you the benefits that the child is entitled to.

Customer:

Okay how do I apply for these benefits

Floridalegalanswer :

Our website is a valuable resource for information about all of Social Security’s programs. There are a number of things you can do online.


In addition to using our website, you can call us toll-free at 1-800-772-1213. We treat all calls confidentially. We can answer specific questions from 7 a.m. to 7 p.m., Monday through Friday.

Floridalegalanswer :

So, you can apply online or call a representative. They may allow you to apply in a local office too but you may want to call first to make sure.

Customer:

Okay thanks. I don't have any more questions at this time. Thanks for your help

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