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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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If my ex-spouse receives SSD benefit children, am I entitled

Customer Question

If my ex-spouse receives SSD benefit for my children, am I entitled to some of those benefits since we have 50/50 custody?
Submitted: 8 months ago.
Category: Family Law
Expert:  LawTalk replied 8 months ago.

Good evening,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.

The parent who has primary physical custody (more than half the year) of the minor children (and one of you has them more than the other---50/50 means nothing under social security regulations---because 50/50 is never really 50/50) receiving the social security benefit is entitled to the full child benefit.

However, if the disability benefit they receive is based on your disability, and if you are receiving SSDI---then in most circumstances you get a deduction from court ordered child support obligations based on the benefits the children get from social security.

I understand that you may be disappointed by the Answer you received, as it was not particularly favorable to your situation. Had I been able to provide an Answer which might have given you a successful legal outcome, it would have been my pleasure to do so.

If you have additional questions, you may of course reply back to me and I will be happy to continue to assist you further until your questions have been answered to your satisfaction.

Would you please take a moment to positively rate my service to you based on the understanding of the law I provided by clicking on the rating stars---three stars or more. It is that easy. That is the way I am compensated for having helped you.

Thank you in advance. I wish you the best in your future,

Doug

Customer: replied 8 months ago.
But our decree reads 50/50 custody, so I guess some years she has more than me and some I have more than her.
Expert:  LawTalk replied 8 months ago.

Hi,

Then you may apply to be the Representative Payee for your children. You will have to prove that you have the children more than half the year to succeed.

SSDI child benefit are never divided between the parents.

Please keep in mind that, even though you have already paid your deposit money over to JustAnswer, until you rate me highly for my service, I will not be paid for having assisted you with your questions.

You may of course reply back to me and I will be happy to continue to assist you further.

I wish you well,

Doug

Expert:  LawTalk replied 8 months ago.

Good evening,

Do you have any additional questions that you would like me to address for you? In case you would like a phone call to further discuss these issues you have raised, I will make that offer to you. You are certainly not obligated to accept a call offer, but many people do find it helpful for clarification purposes, as well as to allow them to ask additional questions.

If I have provided you with the information you asked for, would you please now rate my service to you so I can be compensated for assisting you?

Thanks in advance,

Doug