October 23, 2014

Will Child be Eligible for Dependent’s Benefits When “Out of the Picture” Father is Approved

I get a lot of questions from mothers who are caring for the children of fathers who are out of the picture.  Susan’s situation is a fairly common one so I will answer it here:

My 11 year old daughter’s father has just been approved for disability. I’m not sure if it is SSI or SSD. He applied 16 months ago, he is now over $4000 behind on child support. Will she be entitled to any of the back pay he will receive? How do I go about applying to see if she is eligible to draw a check off of him now that he is on disability?

***Editor’s Note:  Due to the large number of questions I receive about child support and Social Security disability, I have set up a blog specifically about that topic – please visit my Child Support and Social Security Disability blog**

Jonathan’s response: Auxiliary benefits are payable to the child of an SSDI claimant if:

A.  An application for child’s insurance benefits is filed;
B.  The child is (or was) dependent upon the parent (see below);
C.  The child is not married;
D.  The child meets any of the following conditions:

  1. is under age 18;
  2. is age 18-19 and a full-time elementary or secondary school student; or
  3. Is age 18 or older and under a disability (which must have begun before age 22) ; and

E.  The parent meets any of the following conditions:

  1. Is entitled to disability insurance benefits;
  2. Is entitled to retirement insurance benefits;
  3. Died and was either fully or currently insured at the time of death.

A child is presumed “dependent” upon the worker if
A.  The child has not been legally adopted by someone other than the worker during the worker’s lifetime; and
B.  The child is one of the following:

  1. The legitimate child of the worker;
  2. A child born out of wedlock who would have the right under applicable State law to inherit intestate property from the worker as a child;
  3. The child of a void or voidable marriage;
  4. The child of an invalid ceremonial marriage;

In Susan’s case, she needs to find out if her child’s father has been approved for SSDI or SSI.  If he is receiving SSI only, the child will not be eligible for auxiliary benefits.  If the father is drawing SSDI, then the child would be eligible assuming she is a dependent.  Susan would need to file an application for benefits on behalf of her daughter.  Note that the child’s auxiliary benefits are in addition to the disabled father’s benefit and do not reduce his monthly check.

With regard to past due child support, Susan may be able to garnish the back pay or on-going SSDI benefits of the father if he is delinquent in his child support.  I would suggest that Susan speak with her domestic relations lawyer if she has one, or with her case worker at the child support enforcement office to discuss the procedures for seizing this money.

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Jonathan Ginsberg represents Social Security disability claimants in Georgia. In practice for over 23 years, Jonathan publishes a widely known disability blog, a podcast and several disability web sites. In 2004, Jonathan published a "how to" book about Social Security disability called the Disability Answer Guide. Jonathan lives with his wife and 2 children in Atlanta.

Comments

  1. carla larson says:

    I cannot believe how long a person is on the phone just to ask a question, that I would not want online, i have been on the phone for a half an hour now locally called another town where I filed and i was on the phone for over half an hour, still on the phone and nobody is answering this is ridiculous, appalling, and unacceptable!!!!!!!!

  2. My child’s father is court-ordered to pay child support but does not. I have been trying to collect through child support enforcement for about 3 years now and he is over $7000 behind. He was in a motorcycle wreck this year and is on medicaid and has applied for social security. I don’t know if it’s ssi or ssdi, didn’t even know there was such a difference. I believe to qualify for medicaid he told them that my son lives with him, but he does not he lives with me. Will this affect my chances of getting any benefits if the father gets ssdi? And what would i need to do to correct this situation? I am going to make an appointment to apply for the auxiliary benefits for my son, but what if anything else can i or do i need to do?

  3. Manuela Luger says:

    The father of my child never paid child support. My daughter lives with me and always has. She is now 13. He has just been diagnosed as manic depressive. How can we find out if he has already filed for disability benefits, or has been qualified for such benefits? In addition, can my child collect or qualify for it now? We do not have any money to higher an attorney and need to research these things on our own. Please give as much advice as you can.

  4. if my 2 kids father was just approved for ssdi will i get child support and he is being paid 3 and half years of back pay are my kids eleigble for any of this

  5. MY HUSBAND IS 100% TOTAL AND PERMANTELY AND HAS APPLIED FOR SSDI, HE SUFFER FROM PTSD WHEN I COME HOME FROM WORK THE HOUSE IS DISARADE, HE LEAVE THE DOORS UNLOCK AND WONDER THE NEIGHBOR HOOD ALL DAY AND SOMETHIME AT NIGHT.HE HAVE A HARD TIME SLEEPING. IF I STOP WORKING TO TAKE CARE OF HIM WILL I BE ELIGIBLE TO RECEIVE SPOUSE DISABILITY FROM HIS SSDI. IF SO PLEASE TELL ME WHAT I NEED TO DO.

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  6. Lisa McClellan Thornton says:

    I have a nineteen year old daughter that her dad died march 3rd, 2009. He has been a deadbeat dad for 17 years. I have had him in DHR since 2007, trying to collect back and current child support. There has been a pick-up order on him for years. I have given them directions to him twice. Six months ago we were told he had terminal cancer. I have been trying to get DHR to help us recovery anything. Well with no response from DHR, I found out that my ex-husband had been receiving ssdi benefits from ss. My chid is a full time student at college and we have a hard time making it. Is there anyway she is eligible for any benefits or back benefits What can I do?
    Lisa

  7. my kids father just got on disability i had to go to the social security office to sign them up for benefits and was told it would be 45 days til i hear something, its been longer than that and no body can tell me anything. He is almost 20000 behind in child support and the child support office says he still owes this money but how am i gonna collect is my question. when i call them they keep telling me Alabama has not called them back yet, well why not call them back is my suggestion but they say they dont that. This is the dumbest thing i ever heard. So if you wanna get out of paying your child support move to the heart of dixie Alabama

  8. I AM SO UPSET MY HUSBAND IS GETING SSI AND SSDI AND HE WONT GET HIS BACK PAY BECAUSE HE OWES ON A CHILD THAT IS NOT HIS HE TRIED TO GET A DNA TEST BUT PA SAYS IT WONT MATTER BECAUSE ITS BEEN TO LONG AND THE CHILD IS 14 NOW ITS UNFAIR TO MY HUSBAND WHO HAS TO DEAL WITH BEING DISABILE AND NOT BEING ABILE TO PAY HIS OWN BILLS OR PAY FOR HIS MEDS. BECAUSE OF THIS THEY HAVE TO CHANGE THE child support LAWS BECAUSE TOO ME SOME OF THESE WOMEN SIT ON THEIR BUTS AND GET FOODSTAMPS AND child support AND DONT WORK WHEN THEY CAN WORK AND LET A MAN PAY THEIR WAY THOUGH LIFE I AM A WOMEN WHO WOULD NEVER DRAW MONEY FROM A MAN AND SIT ON MY CAN COME ON WOMEN CAN DO IT ON THEIR OWN AND ITS NOT FAIR TO HARD WORKING MEN TO LIVE OUT ON THE STREETS AND POOR JUST SO A WOMEN CAN GET PAID TO LIVE A HIGH LIFE AND THEY ARE SOME OUT THERE THATS WHY TODAY THEY ARE SOME OUT THERE WHO TRAP A MAN AND SOME DO MY HUSBAND IS’T THE FATHER OF THIS CHILD HE IS PAYING ON AND IS NOT JUST PA.ITS ALL STATES ITS GOT TO STOP

  9. I am very confused. I have an x-husband who is suing me for overpayment since my childrent got approved for the SSDI. HE states that this covers his child support and they have been garnishing his SSDI checks in error so I owe him the money. How can this be, since this is something the children are entitled to whether or not they live with him and it doesnt decrease his benefits. YOur help would be so appreciated. I can not afford to hire the attorney he hired to fight me on this.

  10. Jonathan Ginsberg says:

    Malisa:
    In my experience, auxillary SSDI benefits do NOT serve to offset child support obligations. Your ex-husband’s child support obligations exist independently of any SSDI received. Note, however, that I practice in Georgia and I cannot speak to how other States may treat this issue – but I would be surprised if the court that issued the child support order would allow your ex to use SSDI as an offset.

  11. Sarah Bowen says:

    In Texas, and possibly other states, child support payments ARE offset by auxillary payments to children. . . See section 154.132 of Family Code.

  12. Angelina Mavis-Marino says:

    Hi, my name is Angelina, and I gave birth to a beautiful baby boy 14 years ago, with Down Syndrome. I don’t have my own E-Mail address
    so I am using my neighbor’s daughters e-mail address to corespond with you. I am trying to find out if the social Security Office filed my son’s case under the wrong title, back when his father and I signed him up, when he was three months old. He has been getting SSI for 14 years. His father just recently, in march of 2007, became disabled and is now getting SSDI benefits. His father hasn’t been able to work since 2006 I believe. Since birth the father has been rquired to pay child support. He hasn’t paid any support since 2006. He is now 8300.00 dollars behind in support. Over the years people who I’ve run into have told me that my son should be getting SSDI instead of SSI. I’ve questioned his case worker through Social Security Office, and he keeps telling me that he did’nt qualify for SSDI because I did’nt have enough work credits, yet his father was having to pay child support and his work credits would of quaified our son to get benefits under SSDI. Now our son has to pay back 11,180.00 dollars to Social Security because he was getting SSI instead of SSDI. This money is coming from his father’s benefits, which would of been retroactive back to March of 2007 thru May of 2009. We had to go the Sociaql Security Office to have them fax over a statement that Daniel will be getting 606.00 a month under SSDI. According to his father, if his son’s benefit are more than what he has to pay in child support, then he is’nt required to pay child support anymore. Is this TRUE? Does the child support stop because hi father is disabled? Or is he still rsponsible to pay support till our son is 19 years old? I live in Mt. Clemens MIchigan

  13. Tracy Baker says:

    I have a daughter that her father is so far behind on child support and he has stated that he is tring to get ssi this was along time ago how do you find out if he getting it?

  14. I’m a single mom of a 14 year old son,doing it all alone, but my ex pay great child support for my kid every month on time,I gave him many chances to take care of his kid because I hate courts, and I didn’t want to drag my son’s name through the system, but I had no choice. I had to prove paternity through a court order before money was given to me, and I was ofended by your comment. First I want to know why he has a child 14 and DNA was refused? Something does not sound right here. It seem to me that your husband is lying to you honey. Child support always seek paternity before they take child support from anyone, this will let them know their not seeking the wrong person, because there are some women out there who don’t know who the father is. So before you go insulting women who are out here raising their kid alone without the father’s help, you need to make sure you know the whole truth about your husband. His back pay was held back because he refuse to take care of a kid he know for a fact is his. He is lying to you, anybody can see that, why can’t you? No one in history of child support has ever been denied a DNA test, and if he was refused one, I mean let’s PRETEND he’s telling the truth, why not just get a lawyer to determine paternity? Any man would go at great lengths to prove their not the father, he’s lying to you. Jozie you’re so confused, child support is there for the kid when a parent refuses to take care of that kid, and let’s not forget that there are moms out there who are deadbeats, and left the father to take care of the kid, it can go both ways, so before you start attacking people, get the facts.

  15. Michael Taccetta says:

    I just got approved from SSDI. I would like to know if SSDI will not reduce my check when if my daughter is eligible to receive her check monthly. Is that correct?

  16. Yes, that is correct. Benefits payable to your dependents will not reduce your monthly benefit.

  17. Or Georgia: My son is 18 and the child support office closed my case due to they couln’t find him….Go figure….

  18. can a x-husband that has been married 2 times, we have been divorced for 30yr. I have remarried can he draw social security on me I am a rn. have make good money and worked a lot of over time and paid in $$$$$$ please let me know I don’ think this fair he doesnot deserve this $$ he didnot pay chicl support or hold down jobs

  19. yeah what ever get over it all women are not like that if he has never had the test how do you know he is telling the truth

  20. My ex-husband has recently filed for disability. We have a 10 year daughter that he says will receive a check as well, if he is approved. I have sole custody of our daughter. He says that he is going to put her check in savings until she turns eighteen to pay for college. He lives in Alabama and we live in Georgia and I know the laws are probably different. My concern is that she’ll never see any of the money. What can I do to ensure that she actually receives the checks?

  21. Hello, One day I received a phone call, out of the blue, from SSA requesting that I answer some questions to file a claim for my daughter so that she could begin receiving an Auxillary Child Benefit. I didn’t call them, they called me! As it turned out, my ex boyfriend applied for SSI because he turned 65. He refused to tell SSA about his daughter so they contacted me. That was nice. However he quit paying child support. My attorney filed for a modification of child support and discovery of documents which my ex never produced. The court ordered him to produce discovery with in 20 days of the date a hearing will be set. The Court never set the modification date and closed the case. There is still an existing court order requiring him to pay. He has not paid since October 2008. SSA told me that my daughter’s benefit is not a disability benefit and should not take the place of child support. The child support enforcement agency just filed a motion December 1, 2009 to suspend child support and requested a hearing. Since the court order is still in effect, shouldn’t he have to pay? Also, when this goes to court, shouldn’t the judge make him pay up to the hearing date before releasing him of his obligation? He has had no visitation rights since April 2006. In February 2010 I will have to pay approximately $6000.00 for braces for my daughter. I have her enrolled in medical assistance because I cannot afford insurance. Due to his nonpayment of support, I filed for bankruptcy in November 08. I am barely making it. Not enough money to set aside for emergencies but am able to get by. Kassin Vs Kassin was an interesting case I’d like to learn more about it. I suppose I could live without his support but why make his daughter go without? Again, have you ever heard of a case similar to mine? Do I have a snowballs chance in hell to atleast get the rearages?
    Thank you.

  22. Herring Kimberley says:

    I have a 5yearold son and I’m on S.S.I. and his dad dosnot pay he realiz on me and my parents to provid for him but mostly he realiz on me .if i where to get married can he drow from my S.S.I. or will I have to go to work for the first time in my life.

  23. I have a question…can my son who has down syndrome receive a SS benefits? I am 46 years of age and my son is 6 years old. I have been working for the past 30 years and have enough credits with SS. Thanks

  24. Amanda Carter says:

    I am not really sure where to start here so i will just explain as best as possible. I have just been approved for my SSDI after a pending case for 2 years, i have 4 children and an unborn, my ex wife has been told that the benefits for each child will be $110 monthly i have been drawing $776/mon. LTD for 2 yrs and the child support i was ordered to pay was $50/mon, when i told her that the checks should start soon she said that she is hiring a lawyer because she feels that the court ordered $50/mon was not enough and that SSD should go back and pay her MORE money for the 2 yrs she got the $50, she has even threatened me by saying she is going to ask the court for HALF of MY SSDI backpay even though my son will receive $1800 for backpay, she says that the court will give her half of my backpay, the $110/mon benefits AND the $50+/mon for child support. Is there anyway she can do this, i am under the impression that the $110 will satisfy the child support obligation and then some since the SSDI payments will be more than the ordered child support and my pay will only be $180 more per month than the last 2 yrs, can she get half of MY backpay as well as the other 2 checks per month or is she just trying this since she is very greedy and uses the money she gets now for herself and not for our child, also, is there a way that i can setup my sons account in my name and distribute the benefits so that his mother can’t use them for herself, i have been advised that if she does not cooperate i can remove my son from the SSDI benefits until things have settled down, and the re-add him. Please help me so that i know what i am dealing with here. Thank you so very much and i am sorry that this is such a long question.

  25. jamie mann says:

    @Manuela Luger: Iam in the exact same position. Where do you start? he has never given me a penny for my son. he live in Florida, and is useless in doing anything.

  26. Stephanie says:

    My husband filed for ssdi. We received a letter in the mail that he does not have to pay child support anymore for his other two kids. Does this mean his other 2 kids will receive auxillary benefits? If so Is my son also eligible even though we live with my husband?

  27. I currently receive SSDI benefits my wife and I are childless but she wants to adopt a child to assist her with me will the adoptive child be eligible to recieve my auxiliary benefits?

  28. ELizabeth says:

    my question is difficult for me, I went to court for custody and my ex (kid’s dad) receives social security benefits (survivor’s benefits) from his dead father and the judge told me to apply for benefits for our 2 kids can they receive those benefits? I was not sure if it’s possible. He originally applied for himself but they told him that he was getting death benefits because he would get more money through his father who has past away. Can you please help me out with this?

  29. Patricia says:

    I have a four year old son and his father pasted away this year. His father never worked hardley but before his death he was reciving ssi. Can my son still get benifits even though his father didn’t pay much in?

  30. Patricia says:

    My daughter gets socail security check each month 1.00 a month. Her father is incarcerated and his benefits are suspended. I asked socail security why she was not intitled to his benefits since he is unable to draw and was told that they are 2 seperate benefits and she can not be paid anymore since there is no more left to pay family members other than a dollar a month. Is this correct or is there a way I can qualify for more benefits? I am not working at this time.

  31. my 2 girls had their mom die 2 years ago. She was on SSI disability. We were not living together or married. I now have the girls but can not get any help at all from SSI at all for the girls. I was told if any other relative had custody of them, they would get a payment, why not me, the father?

  32. Richard Cole says:

    You hear a lot of horror stories here as well as other sights. I will not bore you with the details of my horror story. This agency that is called Child Support Agency, is the biggest “SCAM” in this country as I type this. This one lady here telling about you husband paying for a child that is not his! There is stories just like your by the 1000’s. This is not, as they say “In the best interest of the child”. First and foremost, the state could care less about your child or anyone else’s for that matter. Follow the money trail. The money enters the court 1st. They hold it for 3 to 4 weeks to draw interest off of it. Then if the custodial parent is on welfare, the state gets reimbursed what the custodial parent has used in benefits. If the non-custodial parent is not the father, then they only give you a certain amount of time to prove it or you are stuck with it. Now if the child is 16 or 17 before the mother files for child support, They will go all the way back. If the non-custodial complains about the child not being his, he is limited to the time he can stop it. It should be mandatory DNA in all Divorce proceedings. There is a judge here in Dallas county, Texas that has started rocking the boat. I live 100 miles S.E of Dallas Texas. At any rate this judge has got the Texas attorney General all upset. He recently terminated a child support order because the DNA test showed the non-custodial parent had a 100% rate that he was not the father. That’s like being convicted of a crime and DNA said it was impossible for this person to have been at the crime scene. This Attorney General thinks that even if you are innocent, you should still remain in jail. We should be recalling these assholes. They took an “OATH” The attorney General should be impeached immediately! My hat off to this Judge that “GETS IT” One of the few honest judges left on the bench. You need to write or email or call your elected officials and demand this Agency call Child Support should be investigated and held accountable for endangering children for the sake of a dollar. The custodial parent should have to be held accountable as well. Enough is enough. For you folks that are not aware of why child support is so hard on its own citizens is take a look at how much the illegal aliens are costing the welfare system. 20,000,000 of them to be exact. I believe the last figures I saw and that was about 6 months ago was between 300 and 400 “BILLION” dollars a year. You want to know why Social Security is going broke, there it is. Go to any sporting goods store that sells guns and fishing and hunting licenses. There should be a government document posted on the wall, and this is part of the social security act. 42 U.S.C. Sec 666 “No Punt intended” There is the mark of the Beast! I will sit in jail before I give in to the Mark of the Beast! Look it up online. All these facts are posted for anyone to read. “GOD BLESS EACH AND EVERYONE OF US THAT ARE FIGHTING THIS BEAST CALLED “CHILD SUPPORT”

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