Locating Biofather and Social Security questions

[jlc614]

What is the name of your state? NY

Let me give my background breifly...

I have sole custody of my 5yr old son and his bio-father has no visitation at this point. Bio-father has had no contact except for 2 phone calls basically all of my sons life. I have never gotten a support order because I have always been able to make it without it. However, recently I was laid off from one job..I have gotten another but it is less pay and I am responsible for more towards healthcare for my self and my son plus our rent has been increased. I am married but my husband is required to pay support and daycare for his son and my husband does not make much either. I am not looking for my sons bio-father to support me at all. I would love to still be in the position to not even think about asking him for support but as my son gets older his expenses increase as well. My problem is that BF had been out of state for over 4 years now. I attempted to locate him once and the last address I had for him was no longer valid for him. (That was confirmed by the Sheriff in that area) I have since been given the address on his lic from TN. My question is if I go and file for support I will be required to serve him the paper work...what if he can't be located? What if I serve him and he doesn't show up? Please any help would be appreicated.


!!!!!!!Update!!!!
I may have a way to locate him. I just called the social security Administration on a whim and they stated that biofather has applied for ss. The stated that the file is pending adn to call back in a month because they can't tell if it is SSI or SSDI..my son would be entitled to payments under one. I am assuming they must have his address if he is applying...is there anyway that I can get the address from them? Also if he receives SSDI do I have to have a support order for my son to receive benefits?
And does he have to file a calim for my son or can I??

 

[tigger22472]

First off has paternity been established?

Secondly... that SS working can be in DEEP trouble for telling you ANYTHING about his case!!

 

[jlc614]

Yes paternity had been established. The SS department is only telling me if my son is eligible for benefits, which I am legally entitled to know since I am his primary care giver. The only reason they told me that I needed to call back was because of the system. In the SS system when a claim is pending they cannot see what type of claim it is. What type of claim makes a difference in whether my son is eligble or not. They told me they could not tell me anything about his disability. As for the address I was wondering if there was anyway that I could send something through them if they can't give me the address or since he is in the SS system can the courts do anything if I file for support?

 

[jlc614]

Any more thoughts Tigger???

 

[Whyte Noise]

Not tigger, but as someone going thru the process myself, I'll try to explain it to you.

Under SSI, there are no "dependant" benefits. Under SSDI, there is.

If he is approved for SSDI, then your child would be elegible to receive benefits on his father's earning record. You do not need a court order for support for your son to obtain these benefits. In the process, he should have listed his son on the mounds of paperwork, and therefore the SSA will determine the amount of benefits your son is entitled to. You shouldn't have to do a thing.

As for it being "pending".... You should know that this could take years to finalize. My claim was filed in 2002, and I just got my hearing date set for this year. Almost 2 years after filing. It's a slow, drawn-out process so his case might be "pending" for a long, long time.

You might want to call the SSA office back and ask them about forwarding mail to him. I have no idea if they'd do that or not.

 

[tigger22472]

MG pretty much said it all. SS is not a 'fast' process by any means. The only advice I can give is to make sure your son's father knows to list him on the paperwork. Let him know that it will NOT affect HIS benefits... it's totally separate from him.

 

[jlc614]

Tigger

I cannot make sure he lists him because I can not locate him. I have spoken with him once in about 4 years and have no idea how to get a hold of him. My son see his paternal grandmother everyother weekend and I have asked her if she knows how I can contact him or to pass a message along and she will not. Can I apply for benefits on behalf of my son if he does indeed qualify?

 

[ken mathews]

Just a note... If the BF does list the child, he will recieve the benefit for the child, he doesn' t necessarily have you listed as the person to receive those disability benefits on behalf of the child. They will be mailed to his address and information "he" provides. You want to make sure you inform the neccessary parties of the situation. Also, if not listed , you can go to court and request the amount be garnished from his check, they will issue the garnishment voucher and this will be taken from any source of income. Disability for an adult ranges but is approx.
$8-900.00 and an additional $4-500.00 for the children regardless if there is one or two.

Christi

 

[tigger22472]

Just a note... If the BF does list the child, he will recieve the benefit for the child, he doesn' t necessarily have you listed as the person to receive those disability benefits on behalf of the child. They will be mailed to his address and information "he" provides. You want to make sure you inform the neccessary parties of the situation. Also, if not listed , you can go to court and request the amount be garnished from his check, they will issue the garnishment voucher and this will be taken from any source of income. Disability for an adult ranges but is approx.
$8-900.00 and an additional $4-500.00 for the children regardless if there is one or two.

Christi

Once again you are NOT correct. If father lists child for benefits it CAN be sent to him or it can be put in a bank account or even sent to the mother's home. The best way is in a bank account. My step-daughters benefits are directly deposited into an account that both parents can get to. Social Security disability is based on what a person makes during their time working. Child benefits do not come out of the SSDI that the recipient receives. Child benefits are half of what the worker receives. The part that you are right is that the child benefit is a set amount regardless of how many benefit from it.

 

[ken mathews]

I did not say that it could not be sent to her, thus the suggestion to notify proper agencies. My ex-husband recieves benefit for himself and my children, however he did not take the liberty to list the mother having custody upon our divorce. I had to notify them! Yes, it can be deposited into an account per the receivers request, direct deposit is not required. The checks come in the disabled persons name / the children's name. I simply suggested her to follow through, to ensure he does supply the right information. As she stated she couldn't locate or ensure him to list the child. Thus garnishment procedures would be wise.

So How was this information incorrect?

In addition I recently recovered from a brain tumor which I am now on disability, however I cannot receive the childrens benefitssince he is receiving benefits for them. due to the recent change of custody...long story... thus they will garnish an additional $400.00 from my disability check to send to my ex-husband

 

[Whyte Noise]

Just a note... If the BF does list the child, he will recieve the benefit for the child, he doesn' t necessarily have you listed as the person to receive those disability benefits on behalf of the child. They will be mailed to his address and information "he" provides. You want to make sure you inform the neccessary parties of the situation. Also, if not listed , you can go to court and request the amount be garnished from his check, they will issue the garnishment voucher and this will be taken from any source of income. Disability for an adult ranges but is approx.
$8-900.00 and an additional $4-500.00 for the children regardless if there is one or two.

Christi

No, the child's benefits will NOT be mailed to him. I have 3 children. 1 lives with me, 2 with their father. The Social Security Administration KNOWS where my children live, and I didn't tell them a thing other than their names and SSN's. The benefits will be mailed to wherever the child is residing, and will be made out to the OP on behalf of the child.

And like tigger said, the dependent benefits in no way, shape, or form change HIS amount of benefits. The will not "garnish" HIS benefits to pay the children's. It's totally separate from his personal benefits.

 

[Whyte Noise]

In addition I recently recovered from a brain tumor which I am now on disability, however I cannot receive the childrens benefitssince he is receiving benefits for them. due to the recent change of custody...long story... thus they will garnish an additional $400.00 from my disability check to send to my ex-husband

Do you owe Child Support, or are you court ordered to pay CS? If so, then that is what the garnishment is for. They will NOT garnish a workers disability benefits to pay dependent benefits to the child that are due to them from the parent's benefits. The 2 are totally separate from one another.

 

[ken mathews]

you take contents out of the text,

YES they will deduct child support from a disability check. In her case no they will not, she is entitled to a check for the child which does not effect his check whatsoever. If he does not list her or fraudulantly fills out the form, then he will recieve the benefit check for the child. I simply was informing of the possibilty so the lady can receive what is due to her. If he does so everything correctly then she should receive the check herself. If he does not list the child she can file her right to receive the ordered amount which can be garnished from any wages.

Yes, I was ordered to pay child support during our Temporary Orders currently. This is garnished from my disability check. I cannot get benefits for the children because my ex-husband is already receiving benefits on his behalf, otherwise disability would pay the child support. In theory he is receiving government funding for the children twice. However this is all irrelevant to her question. The advice was given to her in hindsight due to the fact when I had custody, they did not automatically forward the benfits to me, he still received them. I had to notify the social security office with the information.

Why is this so difficult to understand, I did not doubt any advice you all gave just added additonal information with hindsight 20/20.

 

[tigger22472]

Do you owe Child Support, or are you court ordered to pay CS? If so, then that is what the garnishment is for. They will NOT garnish a workers disability benefits to pay dependent benefits to the child that are due to them from the parent's benefits. The 2 are totally separate from one another.

Yes she is MG.. if you do a search you will find that. This posters husband posted for her to begin with. I believe this (and I might be wrong) is the poster that fled with the children to another state because dad got custody and now wants to rectify that.

and ken... you did say and I quote 'Just a note... If the BF does list the child, he will recieve the benefit for the child, he doesn' t necessarily have you listed as the person to receive those disability benefits on behalf of the child. They will be mailed to his address and information "he" provides'

 

[tigger22472]

[B
Why is this so difficult to understand, I did not doubt any advice you all gave just added additonal information with hindsight 20/20. [/B]

Because you don't CLARIFY anything until you are told what you say isn't correct.