Philadelphia, PA asked in Social Security for Indiana

Q: When I got a divorce, one of the agreements threw court was that I wouldn't have to pay child support.

I got divorced 8 years ago. We both got joint custody. She however is the custodial parent. I haven't seen my son for at least 6 7 years now. My ex moved with my son and stopped contacting me. I don't know where they live now. He will be 18 soon. I remarried and have 2 other children. I just got approved for s.s.d.i. and my question is....if I wasn't ordered to pay child support then, and I didn't claim him on taxes...why would he get any benefits threw me now? Why is he included in the maximum family payment? All 3 kids are able to receive $223 each from my ssdi. But when my son ( who is not living with me, and I wasn't court ordered to pay child support for) turns 18 minor children's payments will go up to about $300 each. I just don't understand why he is affecting the children's ssdi benefits that are in my home now? They will receive less money and he doesn't even live with me. I'm more concerned about the children I'm supporting now. My ex up and left with my son.

Related Topics:
1 Lawyer Answer
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Social Security Disability Lawyer
  • Raleigh, NC

A: You posted this question in another state and as was explained there, the order to pay or not pay child support under state law has no bearing on this federal benefits program. All of your biological children are eligible for benefits until they turn 18 or until 19 if they are still in high school (or high school graduation if they are already 18). Social Security has this in place because it recognizes your obligation to support all of your children even if you and the other parent, or the state court, decide otherwise. If you are in arrears in child support a state court can also ask Social Security to withhold your retroactive pay to satisfy that support obligation.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.