I recently received this question from a visitor to this site:
I filed for divorce about a year ago and my husband moved out last September. He is on SSDI. My children receive SSDI checks [auxiliary beneficiaries] monthly. Is this considered “child support”?
Read more on Disabled Husband Not Paying Temporary Child Support…
Most of the comments and questions I get on this blog come from parents who are trying to get child support or who have child support obligations but no source of income to pay. This email comes from a teenager who was approved for disability and who contends that her parents are misusing funds that are supposed to be used for her care and welfare:
hi i am 17 i have been on disability since i was twelve i have a few questions. 1 my parents give me no money from it, nor do they allow me to do extra curricular activites with the money, archery, tae kon do art sculpting etc, is this legal of them? 2 they frequently use the money for the truck payement on a truck that is not neccasary nor running, they dont keep track of the money nor do they keep recepts. is that legal? 3 they wont let me work because it cancels the disability yet they give me no money from it, am i entitled to some money also can i turn them in or set up a confrence or court date to stop the ssi income since i am capable of working desire work and get no benefit from the check??? please i ask for your time soon cause i have to pay for damages and court costtts and cannot accuire work nor income fromm ssi to do so and i will be in comptemt thank you very much
Here are my thoughts: Generally when a benefits are awarded to a minor child, those payments are sent to the that child’s parents or legal guardians who serve as the “representative payee” for that minor child. The funds should be used for the health, education and welfare of the child.
Social Security rules provide that the representative payee may only use the child’s SSI benefits for the following purposes:
- medical treatment
- education or job skills training
The following expenses may also be paid from the child’s SSI account if they benefit the child and are related to the child’s impairment:
- personal needs or assistance (i.e. in-home nursing care)
- special equipment
- housing modification
- therapy or rehabilitation
- other items that are approved in advance by the local Social Security office
Filed under Misuse of funds by representative payee, Reader Stories, Representative Payee issues by on Nov 25th, 2009. Comment. 
The comments and questions I receive on this site essentially fall into two camps. On one hand, the custodial parents (usually the mom) argue as follows:
What about the MOM of the CHILD or whoever else is taking care of your child? Is she/he on a fixed income? I’m sure being the only person taking care of your child, it is tight so y r u so special that you shouldn’t have to pay just because u r on a fixed income? If you are BEHIND in Child Support then u SUCK!! Period.
On the other hand, the non-custodial parent (usually a dad) writes with arguments like this:
Filed under Reader Stories, Social Security Disability Benefits and Child Support by on Nov 21st, 2009. 13 Comments.
Are fathers who fall behind on child support payments always “deadbeat dads?” Some fathers (and their new spouses) argue that the custodial mom can be the villain in child support disputes. But does this attitude fairly contemplate the real life burden of raising children.
Read more on Are All Delinquent Child Support Payers “Deadbeat Dads?”…
Filed under Reader Stories by on Nov 12th, 2009. Comment.
I regularly warn my clients that child support orders do not grow stale or disappear. Even if the child did not live with the parent awarded custody, the obligation remains as long as the child support order remains in place. If the custodial parent received welfare benefits, the state issuing those benefits may gain the right to collect from the non-custodial parent.
Read more on Couple’s Joint Checking Account Drained for Old Out of State Support Order…
I receive a lot of mail from moms (custodial parents) who express a lot of anger at their ex-husbands (or non-custodial fathers). What do the dads have to say? Here is a comment from a dad who explains how the long disability adjudication process has caused him hardship:
Read more on Disabled Father Argues that Disability Delays Caused Child Support Arrearage…
Filed under Reader Stories by on Oct 18th, 2009. Comment.
My wife has 2 children from a former marriage. Her ex just went on SSDI and the kids get $250.00 each from this. In the past he has only paid $250.00 per month child support and that has come from his new wife paying it, before that he would not pay, now when have been served papers to go to court so he can get this dropped off, they say that the SSDI is enough, can he get this done in the state of Texas?
Jonathan’s response: this is a legal question that can best be answered by a Texas lawyer who practices in the area of domestic relations. A good starting point would be Laura W. Morgan’s Child Support Guidelines article, which cites a 1997 Texas appellate case (Johnson v. Johnson) that permitted a child support obligor a dollar for dollar offset credit for the Social Security benefit received against the child support obligation. The justification for such an offset is that auxiliary benefits arise from a claimant’s work and payment into the Social Security system – since these contributions are based on income the claimant should be able to use funds that arise therefrom to offset child support obligations.
Read more on Reader Story: Ex-Husband Wants Child Support Offset in Texas…
My husband and I have custody of my husband’s cousin’s 2 children. Bio mom and bio dad are not together. They both do not pay child support but are ordered to do so. They are in arrears upwards $25,000. The courts refuse to do anything. Bio father in and out of prison for other mean, horrible crimes. Bio mother has been receiving Social Security but her claim may be fraudulent and benefits terminated.
Read more on Reader Story: Bio Mom and Dad Pay Nothing – Guardian Stuck With All Bills…
Filed under Reader Stories by on Oct 12th, 2009. Comment.
Your ex has not paid child support and says that he is disabled. Has he filed for Social Security disability? This is the dilemma faced by June, who wrote me the following:
Read more on How Do I Find Out if my Ex-Spouse has Filed for Social Security Disability?…
Filed under Reader Stories by on Oct 12th, 2009. Comment.
Jonathan Ginsberg