Disability and Child Support???

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Latest post 10-22-2007 5:54 PM by SSDI CIB. 11 replies.
  • 10-16-2007 12:33 PM

    Disability and Child Support???

    My daughter is 5 years old and her father has never paid child support...long story. He has now taken me to court and gotten supervised visitation and child support will be assesed by a judge. My question is this....1 1/2 years ago he got shot and now collects disability..I have recently filed a claim for my child to recieve benifits also. Will she qualify to get a lump sum for the time he applied and got approved or will it start from the date I filed. Also...will this stop him from having to pay child support?
  • 10-16-2007 2:40 PM In reply to

    re: Disability and Child Support???

    >>now collects disability<<

    Which disability benefit?

    Social Security Disability Insurance, or
    State disability benefit, or
    Private disability benefit
  • 10-16-2007 2:46 PM In reply to

    re: Disability and Child Support???

    I am not sure...I have an appointment with SS next week. He does not have a steady work history for the last 10 years....probably has not worked 5 out of the 10. I know he gets medical and all of that...I am thinking it may be a combo of SSI and SSD..is that possible?
  • 10-16-2007 2:55 PM In reply to

    re: Disability and Child Support???

    >>>will this stop him from having to pay child support?<<<

    Yes or No.

    Actually most custodial parents love to receive CIB (Child's Insurance Benefit from SSA) because the amount of CIB is much more than the amount required by the state child support guideline.

    But your case might be borderline so your ex may pay very small CS.

    If the amount of his SSDI is rather low as $600 a monthly, he is likely to pay small CS.
  • 10-16-2007 3:04 PM In reply to

    re: Disability and Child Support???

    Try at http://www.alllaw.com/calculators/childsupport/florida/
  • 10-16-2007 4:27 PM In reply to

    re: Disability and Child Support???

    If it is Social Security Disability, then you will receive a lump sum for your child from the date his disability was awarded to....could be several years, etc. depends on original date of disability. If he only has one child then you would receive a good amount. If more than one it would be divided amongst each child. Also once SSA has added your child you will receive a disability check each month for your child.

    I was approved last year and my children received a check back to my original disability date.
  • 10-16-2007 4:30 PM In reply to

    re: Disability and Child Support???

    Thank you for all of your help....it is just so confusing because he not giving me any info on his benefits...so I do not know what he receives. I do know that he has work in the last 10 years just not consistent..so who knows. Thanks again.
  • 10-17-2007 9:22 AM In reply to

    re: Disability and Child Support???

    Do you have actually an order on child support? In your original posting, you did not say "court-ordered child support"
  • 10-17-2007 10:40 AM In reply to

    • Drew
      Consumer
    • Top 10 Contributor
    • Joined on 03-30-2000
    • PA
    • Posts 49,585

    re: Disability and Child Support???

    Ditto--did youhave a support order ? If not why not?



  • 10-18-2007 11:18 PM In reply to

    re: Disability and Child Support???

    Related question here.

    If a party is receiving SSDI and is not making CS payments, can their SSDI be garnished? If so, how would this be accomplished? The party I'm have in mind is also significantly behind in payments, dating back before the disability.
  • 10-22-2007 4:31 PM In reply to

    re: Disability and Child Support???

    No, there is no support order at this time...long story but he signed over his rights and was never ordered to pay support...he( his mother ) filed a motion 3 years later to withdraw his consent..after almost a year in court we found out that the Termination was never entered ( a final Judgement ) and his rights were never terminated. Unfortunately he is stable now with the help of is parents and I was unable to get his rights terminated ( did not have the money to fight his parents). So we came up with an agreement and have not yet gone back to court for support since settling...But get this..he is on disability and informed me that he could only afford $35.00 a month. He also does not think he should have to pay back child support..I disagree. Support stopped because his rights were to be terminated he now has visitation because they never were..so he should pay back support..am I reaching here? Also, I went to SS on Friday and my daughter will receive $315 a month for auxillary benefits..this will probably wipe out any support won't it?
  • 10-22-2007 5:54 PM In reply to

    re: Disability and Child Support???

    >>this will probably wipe out any support won't it?<<

    Yes only if he earns over $900 a month during the year of 2007 (and $940 a month during the year of 2008) for more than nine months. So then your child's CIB will be terminated.

    Click http://www.ssa.gov/OACT/COLA/sga.html

    All you pray is to see that he would not earn over $900
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