Please give me advice on SSD benefits re: child under 18

shelendeAugust 22, 2006

I have a question to ask and if anyone out there knows anything about this subject could they please reply.

A man is collecting SSD. Therefore his child under the age of 18 is collecting benefits as the child of a disabled wage earner. If the man, out of spite, decides to go off SSD just so his child cannot collect anything, can anything be done about this so the young child can still collect.

If this happens, and benefits stop, does the child's guardian have any recourse on the childs behalf?

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fairegold

Is there any order in place for child support? If the child and/or guardian must go on any public assistance because of the loss of income, then the city/state/county would go after the man for child support.

The child's guardian may want to talk this over with the local county social services department.

    Bookmark   August 22, 2006 at 5:35PM
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shelende

Fairegold, there is an order in place for child support. The father has not been working so no monies were collected. Now the father is on disability and rather than have any money taken out of his disability to be given to his child, he would rather go off disability and have no money given to both himself and child rather than have a diminished benefit for himself. If this happens, can the child still be eligible to collect any benefits? Public assistance is not necessary.

    Bookmark   August 22, 2006 at 10:56PM
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azzalea

You probably want to talk to someone expert in dealing with SS--probably a lawyer who specializes in this kind of case. But it would seem only logical, that if the parent weren't collecting SS, and were alive--there would be no possibility of the child collecing SS. Otherwise, every child of every deadbeat dad would be getting SS and that's just not the way the system works.

But do consult a good lawyer who knows the legalities. Maybe there is some loophole, or some other avenue that will help support the child's needs.

    Bookmark   August 22, 2006 at 11:06PM
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fairegold

Definately start with your local county Family support services first, before you talk to an attorney. Jsut because that will be free, and the attorney will not be.

What you will probably have is a deadbeat dad, and if he's not meeting the child support payments required by court order, then the amount is accruing, and with interest, according to the law. Any income he gets can be garnished, and perhaps assets will come into play... check out the free services available to you first, then a good attorney.

    Bookmark   August 22, 2006 at 11:32PM
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donnawb

It usually works like this, in my state anyway, the person with the disability will collect and then children also collect under the family account. There is so much money for family (excluding disabled person) that gets divided evenly, whether their are 2 or 10 children.

If he no longer qualifies for SSD, then no they are not entitled to it. Their money can get sent to wherever their custodian parent wants it to go.

    Bookmark   October 27, 2006 at 9:32PM
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