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 ...my 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.

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1 Lawyer Answer
Elizabeth Fowler Lunn
Elizabeth Fowler Lunn
PREMIUM
Answered
  • 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.

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