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Social Security and Child Support

Individuals that have dealt with child support while receiving Social Security benefits have had questions about the whole process. Uncertainties of if their Social Security benefits can be garnished to pay child support or if a child receives a Socials Security benefit does that take the place of child support often lead to questions like the ones answered below by the Experts.

If I had a court order to pay child support and then became disabled does the disability payments to my children now become my child support?

In order for your court ordered child support to cease or change in form you would need another court order that amends the current court ordered child support. There are many times that the court will give the custodial parent both child support and Social Security. But if the court allows for you to lower your child support amount then you will need only to pay the reduced amount. If you refuse to pay child support your Social Security could be garnished to pay child support. However, because your child is now receiving Social Security Disability (SSD) does not mean this takes the place of child support. You are still required to pay the child support until you go to court and try to get it changed.

I pay child support for my autistic 16 year old child who is a ward of the state of California. Can I get Social Security Insurance (SSI) for them?

When SSI is given for children the income and assets of the parent are taking into consideration. Typically if the parent is working full time then the child will not qualify. Only in cases of parents that are very low wage earners is that a possibility. Your son may be qualified for Social Security Disability (SSD). The wage and years of your work history with Social Security come into play. It is not based on low income like SSI.

In the State of Illinois can you collect back child support from the biological parent from their social security while they are living and after they death?

Case details: Our child is now 40 years old I have never received child support from a biological parent who is now trying to interfere with our lives.

Social Security retirement benefits can be garnished to collect past due child support payments along with any current due payments. This is only a possibility as long as the Social Security recipient is alive. When an individual dies their Social Security benefits stop.

There is no statute of limitations to collect on past due child support in the State of Illinois. You can begin the process to seek obtaining a judgment to get all the past due support that you are due anytime you want. The Social Security Administration will only garnish benefits with a viable claim and court order.

Can a non-custodial parent receiving Social Security Retirement benefits, who is not paying child support, become the representative payee for benefits being paid (on their record) to children under age 18? Must the child or custodial parent be aware of these benefits sent on behalf of the children?

The custodial parent is typically the one who is made the Representative Payee for the child. If you are a non-custodial parent you will not qualify as the payee of the child’s benefit. A child or non-custodial parent doesn’t have to be informed that a benefit is being issued. Additionally, Social Security can be garnished to pay past due and current child support, but you can apply to the court to have your child support offset by the benefit being received.

In the case where an ex spouse is collecting social security retirement benefits and our child is receiving a check each month. Now, my ex is stating they want me to deduct the child support from this amount and send them rest to them. What are my legal options?

The former spouse is trying to have you send them money that is not due. Under the law your child is entitled to receive the benefits if the parent is on Social Security. Any expenses and child support payments that are wished to be paid have to be Court ordered. Social Security will not change anything without a court order and neither can your ex. If they are ordered to pay child support then they will be required to pay that set amount. If your ex chooses not to then you could go to court and get Social Security garnished to pay the child support. In short, your child is due the child support and the Social Security benefit.

Having good information and a clear understanding about Social Security and child support can help when dealing with questions about child support when receiving Social Security. Experts can help answer how to collect child support from a non-custodial parent’s Social Security benefit or if a child’s Social Security benefit now takes the place of child support. Get the answers fast and affordably by asking an Expert.
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