Child Support from a Father on Disability

Rebecca - posted on 10/30/2009 ( 27 moms have responded )

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For various reasons I don't want to explain here, I have never sought child support from the father of my baby. Now I'm facing some financial hardships that I wasn't previously and I'm running out of options. I have considered seeking child support, although the father does not have a job. He is on SSI disability, has been for a long time and will be forever so long as they let him. Obviously, with no job, he has no means of paying me support. Does anybody have any experience with this and have any idea how much, if any, support i could actually expect in this situation? I'm just considering options right now. Thanks for any input.

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Lisa - posted on 01/19/2013

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Two things. My daughter is now 25. I never got any child support from her father. I recently found out that he has been on social security disability insurance for the past 14 years. I am steaming to know I could have gotten a separate check for my daughter for up to 600 a month for all these years. Is there any way to still get that money?
Also child support was taken out of his check in the sum of $100 mthy and I never got a dime? The department of revenue had been sending me letters all these years saying they didn't know where he was. How is that possible when he has been in the gov system this whole time???
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Charlee - posted on 11/02/2009

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can i add something here. i have experience with this, i work for SSA in the disability department issuing payments for disability. file the child support order, and in your state let them know that he is on SSI. they can garnish his wages from SSI just as well as they can with an employer! and i will tell you, the federal government does not waste time doing that for single mothers! they will garnish that money fast as anything.. just as if he files taxes, federal or state after you file for support, they will intercept it (at least in MD they do) so i would file the support order from him. even if he is on disability, he still is a father, and needs to help support his child! good luck with your ventures

Greg - posted on 09/17/2013

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how can my ex recieve child support and im on ssdi and the child lives with me

Katie - posted on 11/01/2009

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My children recieve dependant benefits because their father cannot work and is on ssdi. The amount your child recieves depends on the amount of work your ex did before he went on ss. Plus, my current husband ( we are seperated), pays child support to his first exwife for his first child. It is automatically taken out of his ssdi check. But to do this you have to have to go to court and have a judge make a garnishment on his ssdi check. You can possibly go to the local department of human services in your area and find free help to get child support for your child. Think of this way, you are not doing it for yourself you are doing it for your children. By not getting money from their dad to pay for his kids then you are cheating them. To get the dependant care money you just have to take proof that he is the childs father to social security office and tell them he has a dependant. This money does not come out of the fathers ss check, it is extra money ss puts aside for a persons dependants.

Andrea - posted on 01/04/2013

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Sorry, you may need to check with your state! You cannot collect child support from someone on SSDI in every case. There is a difference between SSD and SSDI, SSDI is income and need based, kind of like welfare disability payments and are hard to touch.

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April - posted on 08/03/2014

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Hello all, this is so confusing and unfair in so many respects. I have a 13 year old son who was on dissibility since he was 3 years old, with his disibility he had medical insurance. His father became disabled in 2010, they took my son off of his own disibility and put him on his fathers. I beged them not to do it but said it was the law and it had to be done. Now my son receives a supplement from his fathers disibility but has no medical what so ever!!!! Im so upset for this. Now his father is working and selling cars on the side, can I receive child support ontop of the supplement check my son receives? I take care of my son 100 percent with no help or one single red penny from his deadbeat dad, who by the way is a big liar and not truly disabled, also has been arested for dui and is a alcoholic. We live in florida, thanks for any advice.

Lisa - posted on 06/22/2014

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It's the truth Rebecca in so many situations! Just because a father becomes disabled it does not always negate his responsibility towards his child, or automatically become only the mother's responsibility. If a disabled father can go to parties, drive, do volunteer work....he can find a job of some type. On SSD, the disabled are allowed to work and earn 1000 a month. While not a lot, it could offset what they are paying in support. I'm not referring to dad's who truly cannot physically do this, but so many that I know can. Being disabled does not automatically prove that one can't work to the courts.

Unknown - posted on 06/10/2014

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How does she rate? What qualifies her for a $50,000 car? I can't even afford one and have worked for 30 years. In most cases its all about money. You are doing your share. I'm with you....they should be ashamed.

I would check in to getting her disability check lowered, if that is possible. So he can survive.

Unknown - posted on 06/10/2014

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My boyfriend had a massive stroke and almost died. His daughter receives $1061 per month of his disability check. Which is 3 x the amount of child support ordered. He only receives $24,000 thousand per year from retirement in which to live on and is having a hard time because of having to refinance his house because of the divorce. When the daughter turned 16 she ran out and got a $50,000 car. The daughter sees her father no more than 4 hours per month. All you hear from the daughter and ex wife is they are going to take him to court for more money, etc. What is wrong with this situation. Plus now He also pays monthly insurance premiums and has helped with her dental bills. A lot of people take advantage where ever they can. I would be ashamed to show my face if this is how I treated my parent. How can people be so heartless. And they still feel they should receive child support.

Thecastro4 - posted on 05/30/2014

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My reply is to Richard and everyone else on here so worried about the man thats disabled. My husband is a tyrant, he was before his accident and he is now. My husband had a great career as a pressman and worked his whole life and tops out at the maximum for SSDI! SSDI is received by a person who is disabled and has worked long enough and made enough money/ Paid into the government enough through payroll to receive the insurance. SSI is strictly need based according to income and assets, and is funded by general fund taxes. Just to clear up anything creditors and governemt usually can not touch these two payment systems on someone, however, SSDI/ recipients can be gone after for child support. To all you people on here who feel sorry for disabled men and them not being able to make it, MAYBE THEY SHOULD STOP LAYING DOWN AND HAVING BABIES. STOP HAVING BABIES IF YOU HAVE NO MEANS TO TAKE CARE OF THEM. STOP HAVING SEX AND MAKING CHILDREN AND THEN CRYING BECAUSE THE MOTHER WANTS YOUR MEASLY 50 OR 100 DOLLARS. ANY WOMAN KNOWS AND MAN WHO HAVE RAISED CHILDREN THAT EVEN 400 OR 500 A MONTH IS TO LITTLE WHEN WE ARE TAKING ABOUT A CHILD! I AM TIRED OF THIS CRAP I READ ABOUT THE POOR DISABLED WHEN IN FACT MOST PEOPLE ON DISABILITY, SHOULDN'T BE! MINE SHOULD HE WAS ALMOST KILLED BUT I AND MY KIDS HAVE GONE THROUGH EVERYTHING WITH HIM. IT'S THE KIDS WHO ARE INNOCENT AND THEY DESERVE TO LIVE AND BE PROVIDED FOR. I DON'T CARE IF THE PARENT IS DISABLED OR NOT, MOTHER OR FATHER. IF YOUR DISABLED AND YOUR NOT WORKING BUT YOUR WORKING IT IN BED, THEN YOU MADE A CONSCIOUS DECISION THAT COULD RESULT IN A HUMAN LIFE. WHEN THAT LIFE COMES, DON'T CRY...BUT I'M DISABLED!!!! ONE MORE THING THAT PISS ME OFF, ALL THESE MEN TALK ABOUT WOMEN. THE WOMEN IS LAZY SHE WONT WORK. MOTHERS SHOULD WORK, I AGREE, BUT GIVE A NOTHER CREDIT WHERE CREDIT IS DUE. MOTHERS WORK EQUIVALENT TO 2 FULL TIME JOBS, JUST RAISING BABIES. SO, IF YOUR A GOOD MOM AND YOU STAY AT HOME WITH YOUR KIDS AND SOME LITTLE BOY (men/man) IS TALKING ABOUT YOUR LAZINESS AND SHE DONT WORK. I BEEN THERE AND YOUR A GREAT PERSON, SCREW THAT SPERM DONATING SOB. IF YOUR A MOM WHO WORKS AND TAKES CARE OF YOUR KIDS THEN YOU ALREADY KNOW YOUR WORTH AND IT IS A LOT. PLEASE STOP LAYING DOWN WITH WORTHLESS MEN, KNOW THE PERSON BEFORE YOU HOP IN THE SACK AND BRING LIFE INTO THIS WORLD. IF THEY ARE ON DISABILITY AND CANT AFFORD KIDS THEN DON'T PUT YOURSELF IN A POSITION WHERE THAT COULD HAPPEN.

Carol - posted on 05/18/2014

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My children's father is disabled and draws a check and they send my kids a check every month.

Richard - posted on 04/25/2014

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To clear things up SSI money is not leanable. Or to make it more clear no one even the government can garnish wages from SSI. SSI money is not taxable income nor is it legally income. There seems to be some confusion in the comments including one from someone misinformed or lying about her employment history. I would take it up with the Family Support Registry in your state and they can handle it for you. Also I'm not a lawyer and this doesn't constitute legal advice. I suggest you speak with an attorney if anything I say is of interest to you.

That said if he really has SSI your probably out of luck. It's barely enough money to live off of, sometimes not even close to enough. The judge can only put him in jail for contempt but it would be illegal and immoral for a judge to do so with a disable person. Odds are you'll cost the man his license, his passport and any if not all chances of him recovering by doing what your asking to do.

Also you need to realize that even if you do manage to get a garnishment on an account, if SSI money is taken out you run the risk of serious legal complications if you elect to take any money from that account. It is very clearly stated that SSI is not to be used for child-support. It is not the States responsibility to check your facts, it's yours. They will put any and all burden they can on you. They also can, will, and have seized money from people who have misused or other wise misappropriated said money. Such actions usually mean the loss of any and all citizen privileges such as; welfare, tanif, foodstamps, etc...

If he has SSDI the money is garnishable but not at the levels reported on this page. I'm on SSDI at the moment and they take $150 from my benefit each month. It is important to keep in mind however that only $50 a month is due and will be what is taken in a few months once I'm caught up. The $50s a month has nothing to do with SSDI. It has to do the the child support order and that is subject to change. It depends on the court order as well as your ex. Personally I don't care that much at the moment but even the $150 is legally too much. Rather could have been taken down if I elected to fight it.

You can, if your shady be a leech as well as a snake enforce a $500 a month childsport order on someone with SSDI. It isn't recommended. As soon as you do he or the people he owes money to are likely to have serious issues with such an order. You need to be very prepared to face the consequence of your actions as well. The kind of money one is able to take from someone on any form of disability is very small. Your church and your state should help you. Friends, family, etc...

You never know who your dealing with after a divorce. You're children may lose a father. Your ex may lose himself.

Rick - posted on 04/16/2014

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you can not get ssi disability money for support don't work like that only if he has worked and is getting some kind of retirement that's about it no judje in the world can take some ones money of there on mental disability

Rick - posted on 04/16/2014

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it depends what kind of ssi u are on if it is mental your not going to get any thing that's a fact in Pennsylvania. But if it is from working then yes u can put it this way if u get over 800 month then u can get support but don't count on much thow

Gwendolyn - posted on 03/19/2014

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Where do I look to find my daughter father that never been apart of her life please a cryin child

Peter - posted on 01/09/2013

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i can help you alot in this area...but it sounded like before you were doing fine..."now" you have hardships?.... so now go after your ex?... are these hardships child related?.. if all these hardships are related to your child i will help you plenty. if these hardships are yours and yours alone..and have nothing to do with your child or children...then learn how to balance your check book.

Taina - posted on 11/16/2012

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I recieve 533 for one child she is 12 he is on ssdi and has a court order I was just awarded ssdi for our child as well of 1010 a month plus waiting for her retro check he was behind in rears on his court order cs witch has been brought up to date hope this helps

Rhonda - posted on 09/29/2012

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What should I do ?? I just found out my ex is collect RSDI for him and my son. My son lives with me full time. My never sees him calls him or pays for him what should I do??

Susan - posted on 09/14/2012

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Yes I know someone on disabilty . His children get SSD AND child support taken out of his SSD check, After bills related to health he only has 100.00 left over. He know he need to support his children, but he cant even afford a house, food or nothing. All the mom does is stay at home and collect food stamps and medicare...Sad

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I know of someone in a similar situation. From what I understand, it's some kind of government assistance she receives because her kids' father is on disability. Sorry I don't know much more. You may want to call the child enforcement department in your area. They may be able to provide you with more information or at least get you to someone who knows.

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