Philadelphia, PA asked in Social Security for Indiana

Q: I got divorced 8 years ago. My ex wife is the custodial parent of my son. I wasn't court ordered to pay child support.

I just got approved for ssdi. I'm remarried with 2 other children in my home. Their benefits are on hold until my ex wife is found and notified that my son that lives with her...may be able to receive benefits threw me. It's making it rough because I can barely support my wife and children who are currently in my household. If I wasn't ordered to pay child support....then why should he be able to get benefits threw me now that I'm on ssdi? I thought that the family in my household should be allowed to receive benefits from me before anyone outside of the household?

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1 Lawyer Answer
Elizabeth Fowler Lunn
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  • Social Security Disability Lawyer
  • Raleigh, NC

A: All of your minor children are eligible me for benefits if your individual payment is below the family maximum payment. The difference between your payment and the family max can be up to 1/2 of your payment. Whatever that amount is will be split equally between your children. It does not reduce your individual payment.

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