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Is my son entitled to ssi if his dad gets it?

Posted by on Jan. 23, 2010 at 4:01 PM
  • 15 Replies

Ok, long story short, my sons dad is not in his life, due to his lifestyle choices.  I recently found out that he is getting ssi.  He is supposed to be paying me child support but never has (my son is now 13).  I know if I call support enforcement I can probably get child support taken out of his checks but how do they determine wether a child gets money from ssi when a parent does?

My little sister gets ssi because she is disabled and her 5 year old daughter gets the same amount because of that, and her dad is also on ssi and they told my sister that she may qualify to get a check from him too but probably not because he has child support taken out of his check.

I am gonna call ssi monday and ask them but I was wondering if any of you have been in this situation.  The main thing I am wondering is does the father have to apply on his behalf or can I do it?  My son has no contact with his dad and I want to keep it that way.  And my son does not want any contact with him either.

by on Jan. 23, 2010 at 4:01 PM
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Replies (1-10):
dosthepost
by on Jan. 23, 2010 at 4:04 PM

Your son has someone to support him... usually SSI is given to kids because the parent's disability prevents them from working... therefore, the child needs a support income.

Verarose
by on Jan. 23, 2010 at 4:08 PM

I don't think he would get it unless his father is dead or your son is disabled.

You need to call about the child support and get it enforced.  If he has never paid he will owe back child support.  I might not be right on this, but if his father is getting ssi then the child support money might come directly out of that.  Which means you don't have to wait for his dead beat dad to pay up.

You really should call about getting the support no matter what.  I never understand why women let these guys get away with not paying.  It's robbing your child of what they deserve.  Even if you can provide without it, these men need to take responsibility. 

nikkiJ86
by on Jan. 23, 2010 at 4:13 PM

Is he getting SSI because he was working and had to quit because of his disability? Or was he not working before he got SSI? There are two different types.

kamri78
by on Jan. 23, 2010 at 4:16 PM

I will be calling on monday, but he has never had a job before so I could never get child support enforced.  The money will go into a bank account for my son.

Quoting Verarose:

I don't think he would get it unless his father is dead or your son is disabled.

You need to call about the child support and get it enforced.  If he has never paid he will owe back child support.  I might not be right on this, but if his father is getting ssi then the child support money might come directly out of that.  Which means you don't have to wait for his dead beat dad to pay up.

You really should call about getting the support no matter what.  I never understand why women let these guys get away with not paying.  It's robbing your child of what they deserve.  Even if you can provide without it, these men need to take responsibility. 


kamri78
by on Jan. 23, 2010 at 4:18 PM


Quoting nikkiJ86:

Is he getting SSI because he was working and had to quit because of his disability? Or was he not working before he got SSI? There are two different types.


He has never had a job, when he was 13 he was in an accident and has been disabled since.  He never applied before and basically just lived off women and family until recently.

ilovemyson2002
by on Jan. 23, 2010 at 4:24 PM

if your son dad gets ssi on the first you cant money  for your son for child surpost  becasue my brother ex girl friend tryed to get from my brother for his 2 boys but they didnot get no money since he was getting ssi on the 1st  but he gets it on the 3nd then he can  get child surpost from him  and yes your son draw off him dad i think  but dont know on  the though

emt088
by Member on Jan. 23, 2010 at 4:27 PM

 in ohio, as a child i received ssi from my parents. mom) was disabled and couldnt work, so i got half of what she earned, in addition to what she earned. and later on dad) hit retirement age and was able to collect ssi.. again.. half of what he got, i was entitled to. It was put in an account just for me, and thats how i learned to budget.

nikkiJ86
by on Jan. 23, 2010 at 4:36 PM

You probably won't be able to get it. My child's father gets it and my kids can't get it. And I was also told from child support that they couldn't take any money from his SSI check for child support.

Quoting kamri78:

 

Quoting nikkiJ86:

Is he getting SSI because he was working and had to quit because of his disability? Or was he not working before he got SSI? There are two different types.


He has never had a job, when he was 13 he was in an accident and has been disabled since.  He never applied before and basically just lived off women and family until recently.


LilahandElliot
by on Jan. 23, 2010 at 5:19 PM

This is how it works - A DEPENDANT child can get benefits. However since your son is not his father's dependant he couldn't get them (from my understanding). They can base child support off of the benefits your son's father gets, however in most states disability benefits are protected from garnishment.
Oh, and your son's father would have to apply - not you... because he is the one on SSI, it would be part of his case.

I'm Aubree (or Bree), I'm a 21 year old, formula feeding, non-circumcising,  non-vaccinating, occasionally co-sleeping, disposable diapering, spanking when needed, forward faced at 1, brutally honest, thinks children can call their step-parent "mommy" or "daddy" if that's what they choose, wife to Andy since 04/07, mommy to Delilah Renee since 12/07, Mommy to Elliot Jay since 08/09, and step-mommy to Brookelyn Lucille (born 09/05).



Bonnie
by on Jan. 23, 2010 at 5:28 PM

I haven't read the other replies, but here's how SSI benefits for dependants work:

You cannot receive child support from his benefits check. They won't touch it. You CAN, however, call Social Security and request an appointment, either by phone or walk-in. Your son is eligible for dependants' benefits off of his father's account. While it doesn't reduce birth father's income, there is an allowance for dependants of people receiving benefits.

The only thing is, the amount your son will receive depends on how many other minor dependants your ex has. There is a family cap, so this total amount would be divided amongst your child's siblings.

Call them first thing Monday morning @ 1-800-772-1213.

Also, it doesn't matter if the child lives with Dad or not. A dependant child doesn't necessarily mean the child has to live WITH the parent. If the state deemed him responsible for child support, then your child IS entitled to benefits through Social Security.

Hope this helps!

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