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Disability and Kids...

My SO is applying for Disability. BM and my SO have joint custody, but she has physical custody per court documents. However, BM waived support over 2 years ago and he has had the kids between 9 and 8 days in a 2 week period - her only having them 5 to 6 days in 2 weeks. my SO has not taken her to court to get it put in official documentation nor has he gone to the courts to recieve child support. I think he should go for support but that is a whole other issue.

My question is, if he does get approved for Disability, where will the checks go for his SD and SS? Will they come to our house or will they go to BM's house? I know they will be in the kids names and all, but we would feel more comfortable if they came here so that we could make sure they were either placed in a savings account for them or used toward their specific expenses. (I know its sounds horrible, but I just don't trust her with anything)

 
aly38914290

Asked by aly38914290 at 5:15 PM on Apr. 30, 2009 in General Parenting

Level 8 (259 Credits)
This question is closed.
Answers (4)
  • Their primary residence would be in question since they spend more time with us, they go to school from our house (she does not live in the school district), etc. The only reason their physical address is hers at the doctor's office is so that they can get insurance through their stepfather. the guarantor is my SO.
    aly38914290

    Answer by aly38914290 at 5:44 PM on Apr. 30, 2009

  • Wait a minute..your "SO" is filing for disability so why would the kids get the checks?

    If he's trying to file for the kids, as in they are the ones who are disabled, he better check because if he doesn't have custody (you said she had physical custody) then I don't think he can.

    If he's able to do it because court documents say it's "shared parenting" and there's a loophole somewhere allowing it, then the checks will go to the kids' primary residence...her house.

    I would think.

    He really needs to check with a lawyer. It's a legal issue and even a lawyer on here is not going to give you legal advice because they could be disbarred for it.
    Anonymous

    Answer by Anonymous at 5:26 PM on Apr. 30, 2009

  • If he gets disability for himself, the kids will get checks as well - this is what Social Security told us. The kids are not disabled.
    aly38914290

    Answer by aly38914290 at 5:42 PM on Apr. 30, 2009

  • The primary residence is not in question. The primary residence is where the court says it is.

    You can probably have them sent to his house, but if caught, or if she says something, he would be in trouble for lying I would think.

    Again...he needs to speak to a lawyer.
    Anonymous

    Answer by Anonymous at 6:20 PM on Apr. 30, 2009