Child Support from someone on SS

[belove]

I had a child with a much older man who's only income (in the eyes of the world) is from Social Security (he's 63).

He has income he does not report and also still makes a ton of money from the sale of his books through his non-profit organization.

I am only asking him for 200 a month thinking that it would be much lower than if I actually filed for support.

Your thoughts? Do you think the courts would make it less? His SS income is about 800 a month.

Blessings and Love

[COVegMom]

Social Security Disability counts as income in the child support calculation, in addition to any other taxable income, but it doesn't sound like he has any taxable income that he reports.

It depends on how your state does the child support calculation. Some states use a set percentage of income per child, and other states use a formula that considers the relative income of each parent and the expenses required for the child's care.

I would guess a court would require less than $200 though, that wouldn't leave much to live on if that were actually his only income. I would also guess that most judges would be willing to consider that he actually does have additional income.

[34me]

I know if you are married with children your SSDI is actually higher until your children turn 18 to compensate for their care. I would make an anonomous call to Social Security. You may get more than you think.

[mimie]

His SSDI counts as income for child support. Also, his minor child is entitled to SSDI benefits as well, even if the child lives with you.

[One_Girl]

I am not sure if they changed the rules, but when I was a child my mother received money for my brother and I from Social Security because my biological father was disabled. I believe there may have been rules about how much she could use towards things like housing and food for us but I don't know if that was related to the divorce or because the money was overseen by the SS people.

[Jyotsna]

I think I would ask him for double and not go to court with him unless he refuses. You should also ask him to pay for part of her clothing, some of your housing (as it affects the child). Have a talk with him to see how much he would like to support both of you.

[JBaxter]

My father was disabled and my mother recieved a check for both my brother and sister from SSI

http://www.ssa.gov/pubs/10085.html#who
You need to apply and find out if HE is already collecting a check for them. There was a 6 month waiting period from the time my father was disabled until the checks started

[belove]

I do recieve money from SS,but that is not Child Support. They called me to let me know that my son's father listed my son as a "child out of wedlock".

They told me that this is NOT child support.

Also, it's not disability SS he is on. It's regular SS for retirement. The father applied for it at age 62.

I only get a small amount on the SS,but need more to defray the costs of child care while I work full-time to supply my child w/ benefits.

[Super~Single~Mama]

Originally Posted by belove

I do recieve money from SS,but that is not Child Support. They called me to let me know that my son's father listed my son as a "child out of wedlock".

They told me that this is NOT child support.

Also, it's not disability SS he is on. It's regular SS for retirement. The father applied for it at age 62.

I only get a small amount on the SS,but need more to defray the costs of child care while I work full-time to supply my child w/ benefits.

Child support and child CARE are often considered separate - and while the dad may pay a small amt of child support he is still required to pay for (usually) half of child care. I would ask an attorney.

[LionessMom]

Originally Posted by belove

I do recieve money from SS,but that is not Child Support. They called me to let me know that my son's father listed my son as a "child out of wedlock".

They told me that this is NOT child support.

Also, it's not disability SS he is on. It's regular SS for retirement. The father applied for it at age 62.

I only get a small amount on the SS,but need more to defray the costs of child care while I work full-time to supply my child w/ benefits.

any money you get from SS for the child negates current support. they can only take past due support from his SS check. if you want more, i am sure you would have to prove his other income and they would then see if that raises his obligations. if it does raise his obligatoins over the amount you get from SS then they would ask him to pay the balance.

[belove]

Originally Posted by LionessMom

any money you get from SS for the child negates current support. they can only take past due support from his SS check. if you want more, i am sure you would have to prove his other income and they would then see if that raises his obligations. if it does raise his obligatoins over the amount you get from SS then they would ask him to pay the balance.

I wonder why the SS admin told me that the money I get from SS is NOT considered child support and they actually told me I should file for it.

I am hoping to avoid the courts if possible....

[betterparent]

some places you cant get child support if your ex is getting SSDI and not working....it gets them out of paying.

[LionessMom]

maybe it depends on the state. my XH gets ssi i get ssdi. he only has to pay me $10 a month fo rback child support. DS gets a check from SSI every month qualified under XHs benfits. the amount i get is way more than would be ordered under CS so it negates it. they only get som much from SSI or SSDI. they can only take a certain percentage of the check or the person can file for a hardship. does your XH owe back support? if you want more money you are going to have to file. i would list the money you think he will get from self employment as well.

[Super~Single~Mama]

Originally Posted by belove

I wonder why the SS admin told me that the money I get from SS is NOT considered child support and they actually told me I should file for it.

I am hoping to avoid the courts if possible....

If you want to avoid the courts you're going to have to live with whatever he wants to give you. Thats the way it goes. The only way you will get more/what your child is entitled to by law is if you go to court over it.

Have you asked him to help you pay for childcare? Or have you only asked for child support? They are different things.

[single_cj]

I'm sorry, I have nothing to add, but I wanted to say that we must be kindred spirits if Loka Samasta Sukino Bhavantu is your mantra. I've NEVER seen/heard anyone else quote it.

LOVE IT.



Best wishes!!

[Goodmom2008]

Contact the SSA and see if there is a dependent care portion when SS that is received is due to retirement and not disability. If there is, then the custodial parent gets it. And it will probably be higher than $200 a month.

[Goodmom2008]

Originally Posted by LionessMom

any money you get from SS for the child negates current support. they can only take past due support from his SS check. if you want more, i am sure you would have to prove his other income and they would then see if that raises his obligations. if it does raise his obligatoins over the amount you get from SS then they would ask him to pay the balance.

That is only true IF the NCP is only receiving social security. Any income from a 401K disbursement (this one I am not so sure about) and earnings from selling books (this one is for sure) is counted towards the child support calculations. The NCP would have to pay a portion of what he receives from these sources in child support. And Social Security can be garnished for support obligations.

[terrordactyl]

my mom didn't received anything for me or my brother growing up because our dad was on social security