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.
yes there is a court order
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.
yes he does
Okay. So, he could potentially file for a modification.
what about the social security disaility benefits. is my son entitled to seperate benefits under his disability
I doubt he would file for a modification as he has no money for attorney fees
Yes, the child may be entitled to benefits as well.
will the benefit payments be sent to me or my ex
Generally, You can arrange the payment to be paid to you because you are the custodial parent.
how do I do that
do I go to the site you just sent me to apply for my sons benefits
Do you know if it is disability or SSI?
I know he will be geting about 1700.00 a month. Do you know about how much my son my be entitled to
It will depend on both your and your ex-husband's financial resources.
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.
so do they determine income based on gross or net income
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.
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.
Okay how do I apply for these benefits
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.
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.
Okay thanks. I don't have any more questions at this time. Thanks for your help
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).