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Can a child child support from SSDI? If the parent is

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mentally ill. The parent has...
Can a child child support from SSDI? If the parent is mentally ill. The parent has worked in the past. He no longer is able to due to his mental illness.Collect benefits as if the parent died
He really not around or limited on visiting due to extreme manic episodes.
Father would probably qualify if he applied but he's very unstable
Submitted: 7 months ago.Category: Family Law
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9/27/2017
Family Lawyer: Gerald-Esquire, Lawyer replied 7 months ago
Gerald-Esquire
Category: Family Law
Satisfied Customers: 5,174
Experience: Over 30 years of experience.
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Family Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

A disabled parent's child may be eligible for SSDI or SSI benefits directly. Also the Child is still entitled to collect child support from the disabled parent. SSDI benefits (which is a form of disability insurance) can be garnished. SSI benefits can not because these benefits are for people who are in poverty.

In most cases an application must be made for the disabled parent. If the parent is incapable to apply the application can be filed on his behalf. Contact your local social security office for assistance in this process.

Also See:

https://www.ssa.gov/planners/disability/dfamily4.html

https://www.disabilitysecrets.com/resources/disability/child-disability/social-security-disability-be

http://www.disability-benefits-help.org/faq/child-support-disability-benefits

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

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Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 7 months ago
Can a child get back pay. For child support from the mentally ill parent that's not on SSDI. Should be but to incapacitated
Family Lawyer: Gerald-Esquire, Lawyer replied 7 months ago

Social Security will not pay back child support or back benefits. BUT you can pursue back child support directly against the other parent and perhaps be able to garnish their SSDI payments.

Kind regards,

Gerald

(Please do not forget to rate me – click the five stars. It adds nothing additional to your costs, but it helps me greatly. Plus it is good Karma for you. Thank you.)

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