How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask LawTalk Your Own Question

LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 27889
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
15277592
Type Your Social Security Question Here...
LawTalk is online now
A new question is answered every 9 seconds

Hello I live in Missouri and my wife divorced me. We both share

Resolved Question:

Hello I live in Missouri and my wife divorced me. We both share joint custody of my daughter. She has no child support from me but if she were to try to get money what is the most she could get?
Submitted: 1 year ago.
Category: Social Security
Expert:  LawTalk replied 1 year ago.

Good afternoon Jack,

I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Can you tell me what your monthly income is, and what your ex's approximate monthly income is---not including money that you might give her voluntarily for support?
2. If you child spends any time in daycare, who pays and how much a month is spent?
3. Do either of you pay for health insurance for your child? If so, who pays and how much is the insurance?

Doug

Customer: replied 1 year ago.

My monthly income is 1300 a month from SSDI and I receive my daughters amount of 200. My wifes income is approximately 1600 a month. No time is spent in daycare and I pay her health insurance of 16 dollars a month because of low income. I also want to get a job but don't know how much I will make?

Expert:  LawTalk replied 1 year ago.
Good afternoon Jack,

Thank you for the additional information.

base on the factual circumstances of your financial condition and that of your ex, if a court were to order that you are responsible to pay child support, the expected support would be approximately $275.00 per month.

If you allow your ex to take your child's $200 benefit from social security, that would make your income $1300, hers $1800, and because under the law if your disability results in your ex collecting child benefits from social security, that amount she receives will apply directly against you support obligation.

In that case, after credit for the child benefit, your total payment would be approximately $48 per month.

In terms of you being able to get a job, while it can result in paying more support, under social security rules, if you are receiving soc isl security disability benefits, you may still work.

Social Security has what is called a trial work period. It is a period of 9 separate months where you may earn as much as you want. In 2013, any months you earn less than $750 gross wages in do not count. After you have had a total of 9 months where you earned more than $750 gross, you will be able to work and continue to receive benefits so long as you do not earn more than $1,040 per month.

Here is a link to a social security site which explains this in greater detail: http://www.ssa.gov/redbook/eng/ssdi-only-employment-supports.htm


You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
Customer: replied 1 year ago.

So I would get my 1300 minus 48 dollars and what if I made 750 a month from a job a month the max I can make under SSDI? How would that affect my child support? I also pay 200 a month for my daughters tuition for school.

Expert:  LawTalk replied 1 year ago.
Good evening Jack,

Based on the minimal income that you earn, it would be unlikely that the court would obligate you to pay $200 a month for private school. If you want to you are free to do so---but the court would not likely require it.

If you allowed your ex to become the representative payee for your child for the child benefit from social security, and you then earned an additional $750 per month, your support would go up to about $180 per month---from the $48 or so that you would pay with income of just $1300, and your ex getting the social security child benefit.

Please keep in mind that until you rate me highly for my service, I will not be credited with helping you.

Thanks again.

Have a great day,

Doug
Customer: replied 1 year ago.

So Doug if I made 750 per month and let my wife have my childs social security benefit of 200, my child support would be about 180? Keep in mind this is with my 1300 from Social Security.

Expert:  LawTalk replied 1 year ago.
Good evening Jack,

I assure you, I am keeping in mind that your $1300 is from social security disability (SSDI). Under MO law, even income from social security disability is considered income to you for purposes of child support.

As a very general guideline, regardless of your income, if you have one child, under MO law, your support obligation is approximately 18% to 209% of your monthly income. because you would get credit for the 200 in child benefits that your ex would get, it would drop your support obligation to about $180 per month if you continue to receive $1300 in SSDI and another $750 a month in wages.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Customer: replied 1 year ago.

So no matter what I make if she goes after child support and she gets the 200 a month from my daughter I would pay 180 in additional child support? Lastly is it better just to keep giving her the 100 a month she wants because she is not seeking child support and let things stay as they are. I know it is confusing.

Expert:  LawTalk replied 1 year ago.

Hi Jack,

You wrote: So no matter what I make if she goes after child support and she gets the 200 a month from my daughter I would pay 180 in additional child support?

That is the case ONLY if by the time she seeks child support you are getting the $1300 in SSDI and earning and the additional $750 per month in wages.

If you are smart, you will petition the court yourself---right now, and ask for the court to set visitation and child support. The court will set support based on your present income---so it will be a total of $48 if you give the ex the child benefit.

After the court makes the order---then you go to work. Your ex won't be able to get a modification of support for a year or two after the original support order. And, in order to get a modification, she will have to spend money, take the time and learn how to do it---not an easy thing.

It may be better for you to keep giving her $100 a month for right now---yes, and if you can work and not let her know about it---then that will just be a lot of money saved. Otherwise, get the court to order support---pay your fair share based on your present income---and THEN go get employment while you collect your SSDI.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug

LawTalk, Attorney
Category: Social Security
Satisfied Customers: 27889
Experience: I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
LawTalk and 3 other Social Security Specialists are ready to help you
Expert:  LawTalk replied 1 year ago.
Thank you for your positive rating of my service, Jack. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

Please feel free to bookmark the following link so you can request me to answer any future legal questions you may have:
http://www.justanswer.com/law/expert-lawtalk/

Thanks again.

Doug

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.
Customer: replied 1 year ago.

Doug I just found out that the scenario is all the same but I found out I will be getting 1300 a month and my daughter will get 600 a month. Does that change anythiing?

Expert:  LawTalk replied 1 year ago.
Hi Jack,

You wrote: Doug I just found out that the scenario is all the same but I found out I will be getting 1300 a month and my daughter will get 600 a month.

Getting it (1300/600) from where---SSDI, from work? A parent gets the daughter's money---which parent gets the daughter's?

Doug
Customer: replied 1 year ago.

I get 1300 for my Disability and I also get my daughters Disability of 600

Expert:  LawTalk replied 1 year ago.
Thanks for the clarification.

If you are receiving that income from SSDI, $1,900 per month, then if your ex seeks child support, based on your new income of $1,900 a month, your child support would be approximately $350 per month.

Doug
Customer: replied 1 year ago.

Thanks Doug if she does seek child support can they go after my savings account. Also since we both have joint custody the 600 my daughter gets would that all go to my wife?

Expert:  LawTalk replied 1 year ago.
Good afternoon Jack,

Support is based on income, not wealth. Your savings has nothing to do with the support calculation.

Only one of you may legally be the Representative Payee. That one of you keeps all the money from social security. If you keep it you owe her the $375 in support, If she gets the $600 from Social Security, you owe no more child support. At this point, it is a better deal if you keep the $600.

You may reply back to me again, using the Reply to Expert link, if you have additional questions.

I wish you the best in your future,

Doug
Customer: replied 1 year ago.

If she goes to be the representative payee can I fight that? I get the full 600 now. I mean how do they determine who the payee is?

Expert:  LawTalk replied 1 year ago.
Hi Jack,

If you are already the Payee, it would be difficult for her to claim the right. When you have split custody as you do, and you are awarded payment---it generally remains that way.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
Customer: replied 1 year ago.

Doug my wife received a letter from Social Security saying that she owes 235 because she was overpaid for all of last year? How can that be possible? Does it affect anything we have discussed?

Expert:  LawTalk replied 1 year ago.
Good morning Jack,

Your ex-wifes social security problems, and any overpayment letter she may have received is an entirely new question.

As you may not be aware, the Rules of JustAnswer specify that each customer ask one question in each question thread. For new questions, the customer is asked to open a new question thread. I am required to ask that you place these new questions in a new thread, as is required by JustAnswer. I do sincerely apologize for any inconvenience this might cause you.

You may ask for me personally by referring to me by name (Doug) in your new question and I will be able to assist you. As the questions that you are posing are new, I am required to ask you to please open up a new question thread for them. Thank you for your understanding.

As regards any child support that a court might oder you to pay---as I suggested earlier, any change in income of either of you would have an effect on the support ordered.

Doug
Customer: replied 1 year ago.

Thanks Doug what new thread would I open it under?


 


Jack

Expert:  LawTalk replied 1 year ago.
Good morning Jack,

As the question is a social security question, all you need do is post your question in the social security category. If you ask for me by name I will be able to assist you there.

Doug
Customer: replied 1 year ago.

Hello Doug I looked in categories and there is no social security available as an option

Expert:  LawTalk replied 1 year ago.
Sorry about that, Jack. The social security category is well "hidden". It is located in the Tax category, for some reason.

Doug
Customer: replied 1 year ago.

Hello Doug thank you I went online and the operator said she switched it to tax category for me because I could not find it.

Expert:  LawTalk replied 1 year ago.
Good morning Jack,

They should not have done that. They placed it in the wrong category, and they did not open a new thread. This is not a tax matter but a social security matter. Additionally an entire new question thread must be opened.

Here is why. A customer is not allowed to pay the fee for one question, and then continually come back to the same thread over and over asking any legal, tax or other question that they might want to ask.

The customer is expected to open a new thread and make a new deposit for each new question.

Lets do it this way. Go to this web address and ask your new question in the question box on my profile page: http://www.justanswer.com/finance/expert-lawtalk/

If it ends up in the wrong category, I can transfer it for you. Be sure to also put my name in the first sentence---you can just type "For Doug".

Thank you.

Doug
Customer: replied 1 year ago.

Doug I typed in exactly what you said but it wanted to give me a new expert? I paid the new deposit. I wanted to keep you as my expert.


 


Thanks


 


Jack

Expert:  LawTalk replied 1 year ago.
Try asking here: http://www.justanswer.com/law/expert-lawtalk/
Customer: replied 1 year ago.

Doug today I found out that I am not the payee for my daughter from Social Security. It is 600 dollars a month. If my wife goes to be the payee would she get the full 600? And would I still have to pay child support if she did indeed get the 600 dollars? What a mess!

Customer: replied 1 year ago.

Hi Doug I paid the additional 48 dollars for another question. I found out today that my wife is the representative payee for my daughter which is 600 a month. If she goes after that money will I owe child support based on my income of 1300 a month and 1000 from a job? About how much? Thank You!

Customer: replied 1 year ago.
Relist: Answer came too late.
Just get an answer
Customer: replied 1 year ago.

Hello Doug I can wait for the answer I just want you to answer it. I got re routed to another page and the answer was not to be. Can you answer this question for me it is a follow up according to Just Ask . com so anyway my wife is the payee for my daughters 600 and I receive the 1300. If she decides to keep the 600 and go after child support and I make an additional 1000 from a recent job about how much could she get? I know I have asked a lot but I trust you and only want to stay with you no other experts. Could you email me at XXXXX@XXXXXX.XXX

Expert:  LawTalk replied 1 year ago.
Good morning Jack,

Of course I can assist you. You wrote: Hi Doug I paid the additional 48 dollars for another question. While you may have made a new deposit, there is no new question thread associated with it.

Please open a new question thread by going to this address and asking the question in my question box, and I will be able to assist you. http://www.justanswer.com/law/expert-lawtalk/

When you ask your new question I will need to know some additional information.

1. What state does your ex live in?
2. Has she begun getting a benefit from social security yet for your child.
3. How do you know she is the representative payee.

Thank you in advance,

Doug
Customer: replied 1 year ago.

Yes Doug hello and Good Morning. I already receive my daughters money of 600. We both live in MO and I found out yesterday because the Social Security Office told me that she is the representative payee.


 


Thanks


 


 

Expert:  LawTalk replied 1 year ago.
Helloo Jack,

Please open a new question thread by going to this address and asking the question in my question box, and I will be able to assist you. http://www.justanswer.com/law/expert-lawtalk/
Customer: replied 1 year ago.

Hello Doug I typed in your address but they want a different attorney to answer the question. How do I know it will be you?

Expert:  LawTalk replied 1 year ago.
Hi Jack,

Paste this link to your browser:

http://www.justanswer.com/law/expert-lawtalk/

You will see a page with my name and picture on it. There is a box for you to ask a new question. If you do not see my name and picture, then contact me and I will have customer service assist you.

Doug
Customer: replied 1 year ago.

I posted a question a and it was refunded. And Customer Service said to let you know that this is a follow up question that was all he told me his name is Dave. I did try going to your website but your picture pops up in the box and then as I go through the steps the site wants me to have another attorney answer it?


 


Thanks

Expert:  LawTalk replied 1 year ago.

Missouri is one of many which takes the position that the parent obligated to pay child support is entitled to a credit towards that obligation for disability payments which are made contemporaneous with the support obligation. In Weaks v. Weaks, the Supreme Court of Missouri was faced with the question of whether the non-custodial parent’s Social Security disability benefits could be credited toward his child support obligation. And they ruled that the child benefit is an offset against any other support the non-custodial parent may owe for support Weaks v. Weaks 821 S.W.2d 503 (Mo. 1991).

The $600 your ex gets is offset form any support you pay. If she gets the $600, and you get $1300 and earn $1000, your child support obligation will be $0.00. You will owe no more support---the social security benefits she will get for your child takes care

Please remember to rate my service to you.

I wish you the best in 2013,

Doug

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
< Last | Next >
  • I really was impressed with the prompt response. Your expert was not only a tax expert, but a people expert!!! Her genuine and caring attitude came across in her response... T.G.W Matteson, IL
  • I WON!!! I just wanted you to know that your original answer gave me the courage and confidence to go into yesterday's audit ready to fight. Bonnie Chesnee, SC
  • Great service. Answered my complex tax question in detail and provided a lot of additional useful information for my specific situation. John Minneapolis, MN
  • Excellent information, very quick reply. The experts really take the time to address your questions, it is well worth the fee, for the peace of mind they can provide you with. Orville Hesperia, California
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
 
 
 

Meet The Experts:

 
 
 
  • dylatess

    ATTORNEY

    Satisfied Customers:

    3096
    36 plus years of SSD practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/DY/Dylatess/2012-9-11_1968_BHBTemplePhoto.64x64.jpg dylatess's Avatar

    dylatess

    ATTORNEY

    Satisfied Customers:

    3096
    36 plus years of SSD practice
  • http://ww2.justanswer.com/uploads/MY/MyVirtualCPA/2012-7-5_44024_cookmegan1.64x64.jpg Megan C's Avatar

    Megan C

    Certified Public Accountant (CPA)

    Satisfied Customers:

    3942
    Licensed CPA, CMA, CFE, CGMA M.Accy Also Teach Accounting courses at Master's Level
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    1138
    I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
  • http://ww2.justanswer.com/uploads/FA/fastfile/2011-12-15_23139_Klein2011small.64x64.jpg R. Klein, EA's Avatar

    R. Klein, EA

    Accountant

    Satisfied Customers:

    254
    Tax matters relating to Social Security Benefits only
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    198
    Licensed in multiple jurisdictions, experienced business attorney.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    143
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/CU/Cuttinggirl/2011-10-29_03719_wcrop2.64x64.jpg Wendy Reed's Avatar

    Wendy Reed

    Enrolled Agent

    Satisfied Customers:

    83
    15+ years assisting tax clients with taxation and eligibility of Social Security Benefits.
 
 
 

Related Social Security Questions