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Can social security disability benefits be paid instead of paying child support?

6 Comments

social security disability

Right after my divorce my x claimed he is disabled; took me to court and had child support suspended because he was not working. He believes that he’s paying child support through his disability because the boys recieve some of the benefits; been working but won’t report it to CSEA. C.S.E.A. tells me I can not collect both child support and benefits. S.S.A. tell me social security can not take place of child support. So who is right? Do I have a case? Can’t afford a lawyer; so who or how can I fight this?

Tags: Social Security Disability

6 responses so far ↓

  • 1 Sadie C

    depends how much the guy is making. If he doesn’t have an imcome then how is the courts going to get any money from him?

  • 2 Sway_27

    Stop hopping in bed with losers and you wont have that problem.

  • 3 grumpyoldman

    If he is working and not reporting it, turn him in to SSA. They will cut off his check.

  • 4 paigespirate

    You have a couple of situations here.
    First, if he is working and not reporting it, document it and report him yourself. Take pics of him working or coming and going to and from his employment. I am guessing it is a cash situation, or it would be reported by the employer.
    If it is a situation where he has a legitimate employer, even part-time, report them to C.S.E.A.
    I don’t know what state you are in, but it sounds like one that doesn’t care about the children. I am familiar w/ the southern tier states; tx, la, ms, al, and fla.
    Each of them would eat his lunch over this. Most states now have advocates for the children of even semi-deadbeat parents, maybe your state has such. There are civilian, volunteer groups as well as state officials.
    I can’t believe the dead end CSEA is being.
    Be proactive, report his income, his employer, everybody involved in cheating your children out of what they have a right to. Go over the head of your contact, contact other agencies. Good luck.

  • 5 Elana

    The fact that he is working but hasn’t reported to CSEA is the thing you need to work on here. Report it to CSEA and the court yourself.

  • 6 Patti F

    I receive disability from my ex in lieu of child support. Although child support was previously ordered, the court found, based on his testimony (he works under the table, too) that he was unable to pay child support. For a while, I received both at the same time, but it was back child support that he had refused to pay for years. Many attorneys will give you an initial consultation for free. Also, is there legal aid where you live? You could contact the Social Security Administration and report him (I’ve been told that they actually investigate these situations now), but that may stop the disability payments you already receive, which would probably put you in more of a bind. If I had to chose between getting payments through him or through the SSA, I would definitely chose the government. He sounds like your typical deadbeat dad, and you might be biting off your nose to spite your own face by pursuing this matter. Some battles just aren’t worth fighting, especially when it comes to the welfare of your kids. Revenge seems sweet, but sometimes it’s best just to leave it alone. You and/or your kids may be eligible for other benefits, such as the state insurance plans through human services (which helps tremendously if you’re paying for health insurance because if you’re eligible, it costs you nothing and you don’t pay co-pays on visits or for prescriptions), food stamps, rental assistance, and HEAP. You can also receive advance Earned Income Credit payments by filling out the government form and giving it to your employer … those forms are usually available through Human Services or on the IRS website. If you do that, your tax refund won’t be as big, but it will help you stay afloat during the year. You have to fill one out each year also. And because “he isn’t working”, you should be able to claim the kids on your taxes … check your divorce decree to make sure. Usually, they’re worded so that if the noncustodial parent isn’t making child support payments, they can’t claim the kids. You may get further by getting help through these services rather than trying to suck blood from a turnip. Actually, I found that it was probably better for me just to leave him alone because I could depend on the social security income, whereas I couldn’t depend on the child support payments. Also, as kids get older, they realize who does more for them and they figure out on their own what type of person the other parent is. As hard as it is not to do, don’t drag the other parent through the mud … it’s really hard on the kids, especially when they’re little. They WILL figure it out eventually. One thing that I’ve learned to do with my kids as they’ve gotten older is when they want something I can’t afford to buy them, I tell them I can’t afford it and I tell them to ask their dad. I’ve gotten further this way than by trying to get support out of him. I believe this works on his pride more than me attempting to get anything out of him for his kids. He’s actually gotten better over the past year about doing for his children, now that they’re older and can see things on their own. Revenge will be yours in the end when your kids have grown and can see what all you’ve done for them, and know in their hearts that you are the better parent.