I regularly get questions from women (and some men) who think that their ex-spouse may be collecting disability benefits, but who will not cooperate when it comes to requesting auxiliary benefits for the non-custodial parent’s minor child or children.
Read more on How do I Find my Ex-Spouse’s Social Security Number and Other Personal Information?…
Filed under Social Security Disability Benefits and Child Support by on Aug 25th, 2011. 1 Comment. 
My colleague, Colorado Social Security disability lawyer Tomasz Stasiuk recently published an article on his blog entitled “Do Social Security Auxiliary Benefits Reduce Child Support?“ The post on Tomasz’ blog was actually written by attorney Yolanda Fennick, who practices family law in Colorado Springs.
Yolanda’s article sets out what Colorado courts are supposed to do – if a non-custodial parent qualifies for SSDI and his children begin receiving monthly auxiliary benefits, these auxiliary benefits will usually reduce the non-custodial parent’s child support obligations dollar for dollar.
I suspect that Colorado’s approach is similar to what you would find in other states, but when it comes to child support payments, do not assume anything. Further, until the obligations of the parties are put into writing by a judge and issued as an order, no other agreement or assumption matters.
The rules may be different in SSI cases, if the custodial parent is the one receiving SSDI, or if the child himself is receiving SSI. A good family lawyer can explain the law to you. As difficult as it may be to come up with the money to hire a lawyer, I think that both payers and recipients of child support would be very wise to have counsel when appearing in court.Read more on Auxiliary Benefit Offset Rules Vary From State to State…
This is the third and final installment of my interview with Atlanta based domestic relations lawyer Monica Hanrahan Freitag of the law firm Kessler, Schwarz and Solomiany. In this audio segment, Monica and I discuss the special issues that arise when the custodial and non-custodial parents live in different states and Social Security is involved. A question I get frequently - how can a custodial parent find out if a non-custodial parent has applied for benefits and if auxiliary benefits are forthcoming.
Read more on Interview with Family Lawyer Monica Hanrahan Freitag – Part 3…
In this second installment of my interview with Monica Hanrahan Freitag, we discuss auxiliary benefits and how family law judges deal with lump sum disability payments.
Read more on Interview with Family Lawyer Monica Hanrahan Freitag – Part 2…
This is part 1 of my interview with Monica Hanrahan Freitag, a domestic relations lawyer at the law firm of Kessler, Schwarz and Solomiany. In part 1, Monica and I discuss how family law judges approach child support calculations and the special problems that arise when one or both parents are disabled. How are child support payments adjusted? How is the long delay in Social Security adjudication addressed?
Read more on Interview with Family Lawyer Monica Hanrahan Freitag – Part 1…
Filed under Offset issues, Social Security Disability Benefits and Child Support by on Jul 28th, 2010. 3 Comments.
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…
Over the past few months, I have regularly received questions from custodial parents (usually moms) who have heard through the grapevine that their ex-husbands have been awarded SSDI or SSI, and they want to know:
- can they go after the back benefit “lump sum” to recover past due child support; and
- are their minor children entitled to auxiliary benefits based on the father’s Social Security benefits
Here is my response:
First, you have to realize that there are two areas of law involved here – Social Security rules, which are federal, and state laws arising from state court child support orders. Further state child support recovery units also may be involved, which creates yet another level of bureaucracy.
As discussed elsewhere on this blog, SSDI benefits may be attached to pay past due child support, but SSI benefits may not be attached. However, a state court divorce or child support order is not “nullified” just because a non-custodial parent is receiving SSI. Social Security may not be willing to withhold or seize payments on your behalf, but a parent who does not pay may have to answer to an angry state court judge and possibly face incarceration if he or she did not make some of his or her lump sum available to care for his or her child.
You should also be aware that Social Security privacy rules do not allow SSA personnel to reveal any information about your ex-spouse’s case. Social Security also has no responsibility to contact a benefit recipient’s ex-spouse or children to tell them about available benefits.
Here is what I would suggest to a non-custodial parent who thinks that her ex-spouse has been awarded benefits:
1. write a letter to Social Security and identify yourself and your children as possible claimants for unpaid child support or alimony and ask that your letter serve as a claim against your ex-spouse’s account and/or for a claim of auxiliary benefits. If you have your ex-spouse’s Social Security number and date of birth that would be very helpful. You can find the address for the Social Security office where your ex-spouse lives by using the office locater tool on the SSA.gov site. I generally send letters to Social Security using return receipt requested.Read more on How Do You Find Out if Your Ex-Husband is Receiving Disability Benefits…
Filed under Social Security Disability Benefits and Child Support by on Apr 17th, 2010. 10 Comments.
I am often asked if Social Security Disability Benefits can be garnished to pay child support payments. The answer of this question depends on what type of Social Security Disability benefits you are receiving.
Read more on Can disability benefits be garnished to pay child support?…
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. 17 Comments.
Should a custodial parent “cut some slack” to a non-custodial parent who is disabled and unable to work? Child support orders that are based on a father’s pre-disability income will be untenable when the non-custodial dad cannot work. The disabled father may not have the funds to hire a lawyer to go back to court to ask for a modification, and the delinquency balance will grow and grow. As a number of disabled fathers have reported, a child support delinquency resulting from an unexpected medical condition and loss of income can result in a wholesale forfeiture of both the lump sum and part of the monthly disability award. Is it reasonable to ask custodial parents to help the fathers of their children, or should the child support awards be fully enforced?
Read more on Should Mom Cut Disabled Dad Some “Slack” for Past Due Child Support?…
Jonathan Ginsberg