Asked in Uncategorized for Virginia

Q: Can I still get child support if I get social security for my son based on his fathers eligibility?

I am in a pending divorce and my son's father has been less than helpful. We currently have joint custody that was made before marriage and since the split he has ran from his responsibilities. He is supposed to have my son on weekends, but nearly every weekend he has a story as to why he can't get him. So I will be filing for full custody of my son, because honestly I see no reason for joint custody if you're going to put in minimum effort. We made an agreement when we separated that he would pay half the cost of daycare and in the last 6 months hes maybe paid 3 weeks worth. So its pretty safe to say I'm tired of carrying the load on my own. I currently get social security for my son based on his fathers eligibility, he *ex-husband* gets full retirement and disability benefits and works. So I'm wondering if I could get child support him, even though i get a form of it through social security?

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1 Lawyer Answer

Gary D. Godman

Answered
  • Stafford, VA
  • Licensed in Virginia

A: He would get a credit for the amount that is paid for the child's benefit, but with other sources of income, the guideline child support might be higher than his credit for the child's derivative Social Security benefit. Consult with a family law attorney to help run potential guidelines, or contact the VA Division of Child Support Enforcement at 800-468-8894.

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