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LawTalk
LawTalk, Attorney
Category: Social Security
Satisfied Customers: 36373
Experience:  I have 30 years of legal and litigation experience, including representing clients before the U.S. Social Security Administration.
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Hello. My son is 17 and has been recieving SSI benefits but

Customer Question

Hello. My son is 17 and has been recieving SSI benefits but i have been getting them on his behalf for he is still a minor is pa. He now just had his own child and his son resides in new jersey. i need to modify his child support order based on him recieving ssi benefits for which i understand can not be deemed as income for child support purposes. but i am not sure if they will count that income on his behalf or mine since i am the one recieiving it on his behalf.
Submitted: 3 years ago.
Category: Social Security
Expert:  LawTalk replied 3 years ago.

Good afternoon Shawn,

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

The SSI benefits that are paid to you for your son are not considered income for purposes of child support. And while it is paid to you, it is for the benfit of your son and is not considered your income. WHen he is 18, if he still is eligible to receive them, and he is capable of handling his own finances, then the payments will be made to him.

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 3 years ago.

So therefore, he would be able to file a support modification due to him receiving SSI benefits regardless of what state? Cause i am not sure how New Jersey will handle that.

Expert:  LawTalk replied 3 years ago.

Good afternoon Shawn

I'm not sure how getting SSI is a basis for seeking a modification of child support of any kind. It is not considered income---to you or to him---it has no effect on an existing support order, and so there would be no reason to seek a modification.

Now, if he was earning income before,a nd that is what the court based a child support order on, and if he no longer works, that would be a basis for a modification. But if nothing has changed other than he is not getting SSI, there is no need to modify anything.

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 3 years ago.

I am Sorry


He was assessed at 20 hours min wage. caused he worked part time for about 2 weeks. But now he has a back issue and cant work

Expert:  LawTalk replied 3 years ago.
Hi Shawn,

Then it would be appropriate for you/him to file a petition for modification based on that. But the SSI is not the reason to file, his disability and inability to work is.

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
Expert:  LawTalk replied 3 years ago.
Good evening, Shawn

I wanted to thank you for using JustAnswer, and to inquire whether my answer to you was helpful to your understanding of the law, as regards your question.

Is there anything else that I can assist you with, please feel free to ask. If you do not require further legal information at this time, please feel free to bookmark my profile so you can request me when you do have another question. Here is a link to my profile: http://www.justanswer.com/law/expert-lawtalk/

Thank you very much and take care.

Doug