&nbs... I am concerned for a friend of mine who has a disease that causes him to be,at the age of 30,classified by divorce his mother got from his father,as a disabled adult child. His mother has gotten child support for him for decades since the divorce. His disease was not as severe as it is now many years ago so he was able to have a job. He can no longer work. He told me he was going to apply for Social Security Disability because he found out he had the credits needed for getting it. Per divorce decree, due to the large income of his father,his mother pays nothing for his medical needs,his father is 100% responsible for the insurance and all related medical costs.If he does apply and gets SSD will that affect the child support his mother gets from his father?
Will his father be able to change his support based upon subtracting the SSD amount from his CS?Saying as an example the total amount he receives should be CS minus the SSD amount to equal the original amount of CS? Although the original CS was awarded when he did have a job it was not one he would have been able to keep due to his disability. As expected he lost the job as his disease got worse. He tells me since she received CS when he was employed the fact he would get SSD would be the same thing.I told him No because SSD is a permanent forever income not a short term income like his job. He says CS was based upon him not being able to secure a liveable self-supporting income and I think SSD would be viewed as permanent income since his disability will never improve it will only continue to get worse.
He tells me also,since he does have a young son,he too would receive an amount based upon his SSD. He also told me the decree states he will be able to get Social Security benefits based upon his fathers income when his father retires or dies. That amount would be much more then he will get on SSD.and that he can just change to his fathers when his father dies. I don't know, can that change can be made ?
Also,as stated his father is required to carry Medical Ins. on him but once he gets SSD won't he also be eligible for Medicaid and couldn't the father then petition not to have to carry insurance on him? He actually at one point after the divorce tried to go back to court and have his son put on Social Security Disability so he would not have to pay CS. He lost that one when his ex-wife was asked by his attorney "Why don't you want him on SSD"? She stated 1.The government should not have to take care of a child who has a father that had more then enough money to take care of him and that 2.The child would no longer have access to the superior Medical Ins. the father carried. The judge agreed and the father lost his appeal to change the terms of the original decree.
I am concerned as you can see for many reasons that my friend does not have all the correct info and if he does this it could actually compromise his life without the fathers medical ins. It would not surprise me if the father put this SSD idea in his head which my friend would never admit at least to me.
My friend also has a sister with the same disease. Help me understand this please. When their mother was married to their father his sister applied for and received SSI..which I know is not based upon credits. She lived in the home of this high salaried father and enjoyed the benefits of his income. When their mother divorced their father the SSI was taken away from her even tho she then lived in the home of her struggling single mother because they said she benefited from the CS and the SSI. It never made sense then and still does not. The benefits she and her brother had when their father was there far far goes above the meager income of their single mother who never got a penny in alimony due to the state laws at the time disallowing it. That has changed but I guess she can't go back twenty years and rewind the law. I know CS is to benefit the child but the fathers high income benefitted them more.
&nbs... I just don't know how to make my friend understand there is no doubt much to learn about him trying for SSD before he does it and perhaps ruins his life and the life of his child. Will someone please help me help him with a simple explaination of the rules and or what will happen if he does or does not continue on his path to applying for his own SSD.
Thanking anyone and everyone who can help.