My ex is drawing SS disability. I am getting 295 a month for our son. He has another child that lives with him who is getting the same 295 a month. My question is , he has filed a motion with child support to use the SS I am receiving in leiu of child support. I feel the support should be based on his income of 1200 a month from SSD. Should I recieve both? It only seems right. because the other child gets the same benifits and lives with him.
4 responses so far ↓
1 Monet
I’m having trouble understanding you. You should talk to a lawyer.
2 jaded_blueone
the amount of money you receive from ssi can be used to determine how much you receive in child support.
3 Ed C
I am not sure about your question. Am I correct that BOTH of you are receiving SSD or one SSD and the other regular SS? If you have a child from him,I must assume that it comes out of HIS SSD.
WHy don’t you apply also for SSI? they are not mutually connected. Totally different animals.
Why is the child living w/ him getting 295? You need to contact the closest SS office soon!
4 curious74432
Normally the court considers the amount you are receiving from Social Security each month. If he had not worked and paid in, he would be receiving SSI and you would get no support at all. The court may calculate child support using your states guidelines and deduct the amount you receive from the figure he should pay. It could be a wash out and you just receive the SS benefit. You can calculate the child support amount he should pay based on his income using your states child support guidelines and forms.