non-custodial parent disability

[SandieTN]

What is the name of your state? Tennessee

(This was also posted on Social Security Disability forum.)

My H recently gained custody of his 7yo daughter. The Mother has not worked in about 3 years, and has applied for disability. This has been denied twice already, and now she has an attorney and is going to court after the first of the year (according to the Mother).

Due to the fact that the Mother was not working, and had no income, the Judge did not order any child support. That is fine with us; we had been able to provide for SD's needs and pay support until recently. But, we are sure if Mom gets disability, she will use her settlement money to come after us to regain custody of her daughter.

My question is this: I have been told disability is figured based on family size. If Mom gets disability approved, will she also draw for her daughter, and should she be liable for support at that time? Someone told me that a portion of her disability could be sent directly to my husband for the support of their daughter. My thinking is she will have it sent to her, and then use the money against us, instead of to take care of her daughter, which is what it is intended for.

Does anybody have any experience with how this works? I honestly don't know what to expect.

 

[Gracie3787]

What is the name of your state? Tennessee

(This was also posted on Social Security Disability forum.)

My H recently gained custody of his 7yo daughter. The Mother has not worked in about 3 years, and has applied for disability. This has been denied twice already, and now she has an attorney and is going to court after the first of the year (according to the Mother).

Due to the fact that the Mother was not working, and had no income, the Judge did not order any child support. That is fine with us; we had been able to provide for SD's needs and pay support until recently. But, we are sure if Mom gets disability, she will use her settlement money to come after us to regain custody of her daughter.

My question is this: I have been told disability is figured based on family size. If Mom gets disability approved, will she also draw for her daughter, and should she be liable for support at that time? Someone told me that a portion of her disability could be sent directly to my husband for the support of their daughter. My thinking is she will have it sent to her, and then use the money against us, instead of to take care of her daughter, which is what it is intended for.

Does anybody have any experience with how this works? I honestly don't know what to expect.

Social Security Disability Income ( SSDI) isn't based on family size, it is based on wages earned within a certain period of time.
If the ex is found to be disabled, and has the correct amount of credits, within the required time frame she would be able to get SSDI.
SSDI is considered income for CS purposes and ex will probably be required to pay some support.

If the ex is found to be disabled, but doesn't have enough credits within the required time frame AND she has little or no income she would be able to get Supplemental Security Income ( SSI ).
SSI (a form of public assistance) is not considered to be income for CS purposes, and ex would not have to pay any support.

If she gets SSDI your step daughter will be eligble for benefits, however I am unsure about the daughter getting any benefits if mother only gets SSI.

As soon as the ex begins getting SSDI your husband will need to file to modify the CS order and contact SSA for info on daughter's benefits.
I wish you the best.

 

[LdiJ]

Social Security Disability Income ( SSDI) isn't based on family size, it is based on wages earned within a certain period of time.
If the ex is found to be disabled, and has the correct amount of credits, within the required time frame she would be able to get SSDI.
SSDI is considered income for CS purposes and ex will probably be required to pay some support.

If the ex is found to be disabled, but doesn't have enough credits within the required time frame AND she has little or no income she would be able to get Supplemental Security Income ( SSI ).
SSI (a form of public assistance) is not considered to be income for CS purposes, and ex would not have to pay any support.

If she gets SSDI your step daughter will be eligble for benefits, however I am unsure about the daughter getting any benefits if mother only gets SSI.

As soon as the ex begins getting SSDI your husband will need to file to modify the CS order and contact SSA for info on daughter's benefits.
I wish you the best.

If its SSDI the child is eligible for benefits and those benefits are intended to be the "child support".