How do SSI and disability benefits work for minors? 7 Answers as of January 05, 2012

My husband is on disability/SSI and receives an additional amount for my minor daughter who lives with us (I am the custodial parent). He has supported her for several years. Just recently, my EX-husband was granted social security/disability due to a mental condition. He expects to receive an additional amount for our minor daughter, even though she does not live with him and she is already receiving the benefit on her step-father's disability/SSI payment. My EX-husband also expects that his child support obligation will be reduced or completely dismissed, because he thinks she will receive a benefit now that he is receiving disability/SSI.My question is; how does disability/SSI work when a non-custodial parent gets a monthly payment? He told me that I would be responsible for calling SSI if I want any type of payment for our minor daughter.

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Law Office of James Lentz
Law Office of James Lentz | James Lentz
People think that everything is automatic in theis world and it is not. The SSD payment for a minor does in fact happen. But it is supposed to be paid to the custodial parent. Normally, the SSD father can have his child support payment reduced by the amount paid by SSD to the custodial parent - but it does not happen automatically. You need to discuss this with a domestic relations attorney and your ex-husband needs to discusss this with a domestic relations attorney.
Answer Applies to: Ohio
Replied: 1/4/2012
The Law Offices of Laura A. Walker | Laura A. Walker
Take him to family court to ensure you get the SSI your daughter is entitled to.
Answer Applies to: Wisconsin
Replied: 1/4/2012
Neighborhood Law Office, P.C.
Neighborhood Law Office, P.C. | Jim Underhill
Unless your husband is an attorney, I would take his rulings with a grain of salt. The situation you describe is complicated. The social security administration has local offices, and you can go in and see them and ask questions. They are usually easiest to see if you (1) show up first in the am, or (2) make an appointment. Take all the paper you can lay your hands on concerning the divorce, his current benefits, your daughter's current benefits, etc. Like many attorneys we will sit down and review the issues, the letters and your situation with you without charge. Your best bet is to find a good lawyer who provides advice on this kind of issue on a regular basis and review your specific facts; the lawyer will be able to give you an analysis of the law and your options.
Answer Applies to: Colorado
Replied: 1/4/2012
Diefer Law Group, P.C.
Diefer Law Group, P.C. | Abel Fernandez
If she is elligible for SSI under his name, then you would apply for it and that would be her child support. Generally, the amount she will get would exceed the amount of money she would get in a child support order. If she will not get benefits because she gets them through her step father, you could still ask the court to award you child support based on his SSI income.
Answer Applies to: California
Replied: 1/4/2012
John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
The answers to your questions have to be provided by the Social Security Office once they are aware of the child's eligibility from both a parent and a step-parent.
Answer Applies to: Colorado
Replied: 1/4/2012
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