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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 37790
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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Can a husband get part of s wife ss disability of a child

Customer Question

Can a husband get part of his wife ss disability for surport of a child that's not hers and they are not together for sometime and what can she do
Submitted: 2 years ago.
Category: Family Law
Expert:  mkc1959 replied 2 years ago.

Can you explain a little more? Is money already being taken for support of the child?

Customer: replied 2 years ago.
out of her check and can she get it all back
Customer: replied 2 years ago.
You may call her to get more information at(###) ###-####or she can call u
Expert:  LawTalk replied 2 years ago.
Good morning,
New Professional here. I'm Doug, and I'm sorry to hear of the confusion. My goal is to provide you with excellent service today.
First of all, it is critical to understand that there is absolutely no change to a recipient's social security disability benefit when a child also receives a benefit based on that disability. The disabled parent/guardian still gets 100% of their disability entitlement, and the child gets an amount equal to 50% of the disabled person's monthly benefit. But the child's benefit DOES NOT come out of the disabled person's check---I absolutely assure you. The disabled person's benefit is never decreased because of a child benefit claim.
So no money is being taken from her check, and there is nothing that she is entitled to get back from anyone.
However, that does not mean that the estranged husband is not committing fraud. So, if you can get me some information I can discuss that possibility with you.
1. If they are not together, are they still legally married?
2. Who is this child to the husband? A biological child, or perhaps a child who has been adopted?
You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.
Kindly, remember to rate my service to you. That is how I am credited for assisting you.
I wish you and yours the best in 2015,
Doug