Social Security Disability is nothing like Child Support
So this is a post about my ex dh... my bio children's father.
This guy has spent the last 7 years doing everything possible to avoid child support. He is $19,000 in arrears and has NEVER made a child support payment unless it was garnished. About 18 months ago he was approved for disability and our kids started receiving benefits through Social Security. He immediately went back to modify child support. It was set to $0 since SSDI paid on his behalf. Not a problem, the kids were still receiving an adequate amount of support. I just got a letter from SSA saying the kids benefits are being cut in half because he requested support for his spouse and step-children! Really?!?!
It amazes me that SSA would take money away from Bios (who receive no other form of support) and give it to a spouse and step children (who also receive child support from their father). The child support office would laugh at a request like that. Needless to say, I'm a little bitter.
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I would be bitter too.
I would be bitter too.
Can you try to modify child
Can you try to modify child support now, to get that other half back from him? After all, the reason they reduced it to $0 was due to them receiving that money in the first place.
This situation is ridiculous. I'm sorry.
I believe I can request a
I believe I can request a modification. I played with the online calculator and looks like he will have to make up the difference. It’s just stupid that he would rather support his stepkids than his own kids. Although, I don’t believe the money being sent to his home for the stepkids will actually go toward the stepkids. He is just filling his own pocket.
Since his spouse is his
Since his spouse is his beneficiary her amt will likely be dispersed in her name not his. His spouse and skids get half and your kids get the other half. At least they're not chopping it into thirds!
You can e that modified in
You can e that modified in court I'd imagine... I mean at least you're getting money in the meantime (BM won't pay a penny and sometimes calls DH whining about how she needs money for herself... *rolls eyes* doesn't ever have the Skids. So nope!) so that's a good start. But take it to court!
Or if he has nothing to do with your kids and you're just super sick of it and you want to be done with him, you could always meet with a lawyer and talk about him losing parental rights.
Have you looked into it? Does
Have you looked into it? Does the spouse work? Does she have a CS order for her children's BD?
My ex's new wife requested survivor's benefits for herself and her 3 children when he died. She had only know him a year and a half and only been married 9 months.
DS would have only received 1/8 of the amount allowable to the family had she been successful.
I'd call the SSA. She was denied for failure to prove he supported them 50%. I was interviewed about her by SSA. She only had 50% custody of one of the children and the other 2 received CS from their BD. She was pissed. She would have received over $2000 for her and her 3 kids had her plan worked. DS would have been left with almost nothing because they pay the spouse the full amount and make the children share the remaining balance of the max amount payable.
https://www.disabilitysecrets.com/resources/social-security-disability/a...
I haven't really looked into
I haven't really looked into it. I called SSA and they assured me that the spouse and step children are eligible and I would have to supply proof if I believe otherwise. I don't have any way to prove that the kids receive support from their father. Actually I'm not sure other than what ex-dh has told me in the past. They live several states away so i have zero interaction with them. I would be willing to bet they are scamming the system somehow, but have no proof.
That's what they told me too.
That's what they told me too. She had been texting my exMIL telling her to push me to apply for survivors benefits for DS. I found out that she had applied when I applied for DS. She had already put her and her kids info in to the SSA. They wouldn't process her request until I applied for DS because he was BD's natural child. When I applied the denied her claim. (I didn't know this yet.) They requested more proof that he supported them 50% before his death.
They sent my some info and set up an interview. I had a phone interview with them and told them everything I knew about the children's fathers. I received a call back just a few hours later saying that after reviewing the info she had provided the week before and they had confirmed what I had told them that her claim was denied again and that she couldn't request an appeal because it was the second denial.
I'd bet that the only reason your children were brought up and awarded benefits was because they were trying to get them for his wife and step children.
WOW this is crazy news. So
WOW this is crazy news. So sorry to read this. So now what Silent14.
When someone is scamming the system, they will get caught.
Half the benefits for SSDI go
Half the benefits for SSDI go to the spouse and half go to the kids. If he hadn't gotten married your kids would still be getting the full amount. Yeah it sucks but it's an entirely different program from CSEA.
Is it because he would exceed
Is it because he would exceed his maximum benefit if his stepkids received the same benefit amount as your kids? When my first DH was on disability, each of my kids received what was equal to 25% of his monthly salary. I worked, so I didn't receive anything. When he passed away, my kids received 75% of his monthly salary. I do recall seeing that there was a maximum monthly benefit, but it was never exceeded.
I have yet to see a situation where a working spouse actually receives SSDI benefits... not sure what the maximum income is to qualify? I'm assuming fairly low? Does your Ex's spouse work?