nanasocks: if a father was collecting SSDI benefits, would he still have to pay child support ?
I want to know how child support is collected when the father is on SSDI. Would the child get both the family benefit and child support from the father or does the family benefit take the place of child support?
Answers and Views:
Answer by Bash Limpbutt’s Oozing Cyst©
As a practical matter the money paid to the custodial parent for support of the children takes the place of child support. In most cases it is equal to or more than what a court would order for support and courts are generally unwilling to order further support from a parent who has barely enough funds for survival as it is.
These are two separate issues. SS DI is from the Social Security Administration and the other is the Health & Welfare. The govt will unlikely reduce the child support. The court will have to decide. When it comes to children. Uncle Sam sees them as top priority.Answer by travelguruette
Children deserve to be supported. Whatever amount possible. You rob children of care when you stop with support.Answer by dragonwych
As a LEGAL matter, the issues are entirely separate. If the non-custodial parent was ordered to pay child support, the only way that changes is if the court changes it. No federal government payment steps in to supplant the court order.
If he cannot pay the court-ordered child support, he will have to go back to court to get the order changed. If he doesn’t, he may find his SSDI payment garnished and/or himself jailed.
Answer by P.I.T.A. -but not what you thinkNo, the common policy is the lower the payment to that of the child benefit check, the amount of which is usually more than the ordered support based on the SSDI income. It will not affect arrears, that accumulated prior to the disability, but will apply to any arrears that accumulated between the time of the disability and the disability award.
If you’re the mother, you should ask for the reduction in order to avoid any issues arising from the amount of the check you’re receiving.
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