QUESTION
Are my children still eligible for child support even though they are receiving social security because of their father?
Asked on Jan 10th, 2013 on Child Custody - Arizona
More details to this question:
My ex is collecting social security because he is now disabled. My children are now each receiving social security because their father is disabled. Are my children still eligible for child support even though they are receiving social security because of their father? He claims I need to agree to stop support because the children now receive social security because of his disability, is this true?
4 ANSWERS
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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His disability benefits are income available for support.
Answered on Jan 15th, 2013 at 7:37 PM
Probate Law Attorney serving Colorado Springs, CO
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John E. Kirchner
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Generally, yes. But, the amount they receive from SS may affect the total amount of child support.
Answered on Jan 15th, 2013 at 6:56 PM
Probate Attorney serving Hollywood, FL
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Law Offices of Ronald Hansen
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No, this is not true. If the father is currently under an Order to pay Child support that Order remains in effect until a Court modifies it. If the father is now disabled and his income has changed he can petition the court to reduce his child support based upon his reduced earnings. However he must do this and until he does and a court modifies his child support obligation the original child support Order remains in effect.
Answered on Jan 15th, 2013 at 6:54 PM
Alternative Dispute Resolution Attorney serving Chandler, AZ
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Cox Sandoval Law, PLLC
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If the benefits the children are receiving exceed what the father would be paying in child support, then he does not owe you child support. If the amount is less than his child support obligation, then he owes you the difference. You need to be sure that you are the one receiving the social security benefits on behalf of the children. If you have additional questions, it would be good to consult a lawyer.
Answered on Jan 15th, 2013 at 6:50 PM