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Disability/Child support and new children

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adoptedpisces

Junior Member
Kansas

My current husband got divorced in 2001. In the divorce papers it states that his daughter from that marriage would receive an "x" amount from his disability check. He has since gotten remarried and had another child. His ex-wife states that the amount stands and that our son won't get any of the money because of the court paperwork. Is this true?
 


abstract99

Senior Member
adoptedpisces said:
Kansas

My current husband got divorced in 2001. In the divorce papers it states that his daughter from that marriage would receive an "x" amount from his disability check. He has since gotten remarried and had another child. His ex-wife states that the amount stands and that our son won't get any of the money because of the court paperwork. Is this true?


Check with your state laws but the dad cannot just go out and have more children and expect his CS for the first one to stop.
 

nextwife

Senior Member
If he is on SS disability , ALL His dependent minor children are entitled to benefits.

http://www.ssa.gov/pubs/10026.html

Social Security Dependents Benefits-- These are benefits payable to children under the age of 18 on the record of a parent who is collecting retirement or disability benefits from Social Security, or survivors benefits payable to children under the age of 18 on the record of a parent who has died.

Although children under age 18 who are eligible for these benefits might be disabled, we do not need to consider their disability to qualify them for benefits.
Note: A child can continue receiving dependents or survivors benefits until age 19 if he or she is a full-time student in elementary or high school.
 

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