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RobertJDFL, Lawyer
Category: Family Law
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My ex-wife just got sentenced to ten years in prison. She is

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My ex-wife just got sentenced to ten years in prison. She is on social security disability and im getting child support off of that. will i continue to get those payments while she is in prison?
Thank you for your question.

Is she writing you a check directly from her benefits, or is social security paying that money directly because they consider your child a dependent?

If she is receiving SSI, payments to her stop a month after conviction, and because she will be incarcerated longer than 12 months, she will need to reapply when she is released.

If she is receiving SSDI, the payments stop to her after 30 days, but payments social security is making on behalf of a dependent child or spouse continue while she is incarcerated, and then she would just contact social security upon her release to reinstate her benefits.
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