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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13283
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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Im getting divorced is there a way to collect child support

Customer Question

Im getting divorced is there a way to collect child support if my ex collects ssi?
Submitted: 2 months ago.
Category: Social Security
Expert:  Stephanie O Joy, Esq replied 2 months ago.

Hi, my name is ***** ***** I thank you for your inquiry. I have been practicing SS law full time for 10+ years and look forward to assisting you.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

Do you mean social security disability insurance benefits?

Customer: replied 2 months ago.
Expert:  Stephanie O Joy, Esq replied 2 months ago.

Yes, it is often possible. SSDIB is simply a form of income, and it is treated as such by the state's child support guidelines, along with any other income and potentially, assets.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

Do your children by your ex receive auxiliary benefits based on your ex's entitlement to his own earned SSDIB?

Customer: replied 2 months ago.
Why would the judge see it difrently
Customer: replied 2 months ago.
no my children do not collect anything
Expert:  Stephanie O Joy, Esq replied 2 months ago.

He wouldn't, he generally has to go by the guidelines and if he deviates, he must explain why. If your ex's income is such that there is enough for child support to be paid, the judge will order it if the guidelines say so - or else explain why he deviated.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

How much is your ex's SSDIB?

Customer: replied 2 months ago.
were would i find the guide lines and how would i find a way for my children to collect any benifets owed to them
Expert:  Stephanie O Joy, Esq replied 2 months ago.

Please answer my questions so I can better assist you.

Customer: replied 2 months ago.
850.00
Expert:  Stephanie O Joy, Esq replied 2 months ago.

OK, at 850, the kids SHOULD be eligible for a child's benefit.

It can be as much as 50% of his amount, subject to family max which would be 150%, most likely - meaning, if that applies, your kids would split 50% of $850, potentially.

You simply go to the SSA with photo ID, their Birth Certificates that show he is their father and you are the mother, and tell them you want to file for your children to get their child's benefits.

If the judge didn't order CS be paid from his 850, it is probably because that is barely enough for him to stay alive on, much less support others. Any divorce / custody lawyer could help you review your state child support laws. You can also google them, if you are an adept online researcher. But, again, if his total income is 850 and he doesn't have a lot of money otherwise in the bank or lots of assets, I would not expect him to have to necessarily pay support - your better avenue would be welfare if you also are not able to fully support based on your own income. But, go get them any SS they are eligible for. If they are eligible, you can get up to 6 months retro as well if he has been receiving SSDIB at least that far back.

Expert:  Stephanie O Joy, Esq replied 2 months ago.

I hope this helps! My goal is to provide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you aredone. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 2 months ago.
thank you
Expert:  Stephanie O Joy, Esq replied 2 months ago.

Your welcome Dan.

Please don't forget to rate with the 5 stars right now - it costs nothing extra but tells the company to provide me credit for contributing here today. Thanks!

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