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SSID and back child support January 02, 2007 5:53 AM

My husband and I just got married. I helped him start his application for SSID last May due to an injury/accident that he was victim to in 2001. I have been a student/part time worker for the past several years and my earned income has been below the poverty level. He owes back child support and lives in constant fear that his exwife is going to have him thrown in jail. He gets food stamps and gives them to her so that appeases her somewhat. If he gets approved, will SSID pay his back child support? Will the continue to pay his support payments? Finally, what is the maximum that i can earn without affecting his SSID?  [ send green star]
 
 January 07, 2007 4:13 PM

Julie:

Thank you for writing these question.  As far as SSDI goes, if your husband is approved, with SSDI, the amount of income that you make will not effect his benefits in any way.  Only if he was getting SSI benefits would your income come into play.

As far as Social Security withholding his child support payments, they do not do that.  They only withhold money from your check if you owe back income taxes, or a over payment from Social Security has happened.  If he does get approved for SSDI, he can then inform Social Security if he has not already done so that he has children under the age of 18 that he has to pay child support on, and in most cases, Social Security will put those children on SSI payments.  He would be notified of the amount of SSI each child would get, and if it was lower then what he has been ordered to pay in child support payments, then what he needs to do is as what he needs to do right now while waiting for a decision.  That is to go and see a lawyer at your local legal aid office, and take this back to court, and show the judge that he is no longer working, is disabled and unable to work, and that he has applied for SSDI benefits.  In most cases, the Judge can then stop the child support payments in this case, and his ex-wife can then collect ADFC benefits from the state without him having to pay them back.

One thing that is very important is that he needs to stop giving his ex-wife any of his food stamps.  For since you are married to him, this effects you also.  And if he gets caught doing so or she turns him in for doing so, they can cancel his food stamp case and you both become ineligible for food stamps for the rest of your lives when you are caught giving them away.  This is a Federal law, that it is illegal to give food stamps away to anyone.  One of the reasons why most states have changed to a card type system so no paper food stamps are given anymore in those states, for it prevents this from happening.   And in this case, if Social Security can find out how much he gave away, they can withhold that amount from his benefits if he is approved, and you don't want that to happen.

All I can say, is he needs to get this back in court as soon as possible to get his child support either stopped or lowered a lot because of his disability and no income.

Good luck, and God bless.

*carefrog* Michael B.

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Back Payments Past Due January 09, 2007 8:58 AM

Thanks for the great information. We have contacted Legal aid (took a few calls to get on the right track) and are awaiting a call back now. I will make sure that we continue to call until we get into court to get this stopped.

What about the back amount due? it is about 5 or 6 thousand dollars. True, he should have gotten into court before, but he also should have applied for disability before. So, we have to deal with the situation as it is now.

Any ideas?
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 January 09, 2007 1:20 PM

Sounds like you are now on the right track.  His back pay will all depend on how far back they go, although they generally will not go back any further then the month he last applied in.  Even if he were to get a few thousand dollars, it would be up to him if he choose to give any part of it to his ex-wife for the kids or not.  It is not something that she or her lawyer can ask that Social Security send directly to them.  Of course they could garnish his bank account to have the bank withhold a set amount, so this is why it is so important to get a lawyer and get this back into the court so he can show that he is disabled and has no income, and that he has applied for disability.  For in most cases, they will drop him from having to pay child support.  I know he has to be very conserned about his children and that they are taken care of, and that is a good thing, and I am happy that he does care about them, but he can not give up all of his own income in order to support them and leave nothing for himself.  This is why when setting the amount for child support, in most all cases, the amount is set by a percentage of what the person is making at the time they were in court.  And the percentage of zero, is zero.  And when you collect Social Security benefits, as far as the courts are concerned, that is not a income, so when he gets Social Security, they most likely would still consider him as his income being zero.  Just depends on the Judge.  So lets hope you can get a good lawyer, and have a good Judge who will understand his case, and will allow him to not pay child support, and allow his ex-wife to collect AFDC benefits without having the state come back on him to collect a percentage of those benefits in return.

Michael B.

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