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    my husband will start collecting SSDI in July and he has a child in TN that he's paying child support to. I was told that child can be eligible to receive benefits too. Will my husband still have to pay child support from his disability income if the child will be getting money on his behalf?

  • #2
    Originally posted by mommydaisy View Post
    my husband will start collecting SSDI in July and he has a child in TN that he's paying child support to. I was told that child can be eligible to receive benefits too. Will my husband still have to pay child support from his disability income if the child will be getting money on his behalf?
    Yes, his child is eligible for SS benefits, which needs to be set up ASAP.

    As soon as it is, he needs to file for a modification of the CS order. The court can apply the child's benefits to whatever CS amount is ordered.

    Example: Court orders $300.00 per month CS. Child recieves $150.00 per month from SS due to NCP's disablity. The NCP only has to pay the $150.00 balance after deducting the child's SS.

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    • #3
      me & my husband have a 2 year old son and I know he's entitled to benefits also. How about me, am I entitled too? even if I'm employed? and thanks for your reply.

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      • #4
        Originally posted by mommydaisy View Post
        me & my husband have a 2 year old son and I know he's entitled to benefits also. How about me, am I entitled too? even if I'm employed? and thanks for your reply.
        Unfortunately, no, you do not qualify for benefits due to your husband's disability.

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        • #5
          i hope this law is true to state of TN. bec. they have always been a pain in my husband's situation. I'm just worried that they will take money from his disabilty plus the money child will be getting. I just don't trust them anymore. Should we get a lawyer? I'm crossing my fingers the judge will follow the law.

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          • #6
            Originally posted by mommydaisy View Post
            i hope this law is true to state of TN. bec. they have always been a pain in my husband's situation. I'm just worried that they will take money from his disabilty plus the money child will be getting. I just don't trust them anymore. Should we get a lawyer? I'm crossing my fingers the judge will follow the law.
            He should file right away and ask for the modification to be retro back to the filing date. Hiring an attorney always helps, so if you have the money you should do so.

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            • #7
              He will be in court next month for reduction on his support since he lost his unemployment benefits. so he'll inform them of his disability award ( he just got award letter 2 weeks ago) and already applied for the child in TN. so i am thinking this will be the last time he has to appear in court & the judge should already will figure out that my husband doesn't need to pay child support anymore. But if not, then he'll have to request another hearing to eliminate support right?
              Last edited by mommydaisy; 03-12-2009, 01:15 PM.

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              • #8
                Originally posted by mommydaisy View Post
                He will be in court next month for reduction on his support since he lost his unemployment benefits. so he'll inform them of his disability award ( he just got award letter 2 weeks ago) and already applied for the child in TN. so i am thinking this will be the last time he has to appear in court & the judge should already will figure out that my husband doesn't need to pay child support anymore. But if not, then he'll have to request another hearing to eliminate support right?
                Okay, so a modification has already been filed for. That's good, all he'll need to do will be to bring proof of his benefits and proof of child's benefits to court.

                Will the child's benefits be as much as, or more than the court ordered support?

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                • #9
                  he'll be getting $1700/month. this is the same amt. he was getting from unemployment. court ordered him to pay $450/mo from this unemployment. now the child will be getting $500/mo from SS. so it's more than the court should order. How abt. health insurance for the child? will my husband still have to provide for it?

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                  • #10
                    Originally posted by mommydaisy View Post
                    he'll be getting $1700/month. this is the same amt. he was getting from unemployment. court ordered him to pay $450/mo from this unemployment. now the child will be getting $500/mo from SS. so it's more than the court should order. How abt. health insurance for the child? will my husband still have to provide for it?
                    Good, that means that he probably won't have to pay any support.
                    I don't know for sure about the insurance. Usually that is ordered only if it is available to the NCP through job or at a reasonable price.

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                    • #11
                      i need an opinion! my husband filed for benefits for his other child. but he mom doesn't seem to want to cooperate with ss to get her child set up. SS have tried contacting her but no luck (w/c is soo silly really.. i mean it's for her benefits) will this affect or delay my husband's benefits? or can he just withdraw that child's benefits & give it all to our son?

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                      • #12
                        Originally posted by mommydaisy View Post
                        i need an opinion! my husband filed for benefits for his other child. but he mom doesn't seem to want to cooperate with ss to get her child set up. SS have tried contacting her but no luck (w/c is soo silly really.. i mean it's for her benefits) will this affect or delay my husband's benefits? or can he just withdraw that child's benefits & give it all to our son?
                        No, he cannot give the other child's benefits to your son.

                        Has he filed for that CS modification yet?
                        He should be sure to tell the court that ex is refusing to cooperate with the SSA, that way he'll still be able to recieve credit in court for the benefits even though ex is refusing to take them.

                        No, it shouldn't delay your husband's benefits.

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                        • #13
                          thanks! yes he has filed for modification, but no date yet. his unemployment ended dec. last year, until now he still paying $450/month even tho he's got no income. this CS ordeal has been going on for a long time now, it's frustrating!

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                          • #14
                            Originally posted by mommydaisy View Post
                            thanks! yes he has filed for modification, but no date yet. his unemployment ended dec. last year, until now he still paying $450/month even tho he's got no income. this CS ordeal has been going on for a long time now, it's frustrating!
                            I know it's frustrating, but it will get worked out. When he goes to court, he needs to bring proof that ex is refusing to cooperate, he should talk to his SSA caseworker to see what kind of documentation they can provide him to take to court.

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                            • #15
                              thanks!so when my husband called & applied for his two children's benefits, he was told each child will get $425/mo. then just recently we learned that SS tried to contact the mother but no response. so yesterday we got mail from SS showing our son is awarded $850/month (w/c has doubled). does this mean that SS has given up on the other child? we have tried to contact SS but no luck. how will this affect my husband's child support? can he still get credit if he can provide proof of the mother's refusal to cooperate?

                              Comment

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