Expert Advice When You Need It Most

Can my child opt for child support rather than social security disability income from his father

Asked over 3 years ago - Charlestown, MA

My stepson is now receiving SSDI benefits because his real father is disabled. The court has ruled that my stepson is not entitled to child support because he is already getting SSDI, which is more than what he would get in child support. Is it possible to refuse SSDI benefits and force the real father to pay child support? I know it sounds silly to want less money per month but my Wife and I feel that it is the real father's obligation to pay for his son instead of the Government or taxpayers.

Additional information
I dont want my sons father to pay child support I just want my son to get the disability and ssi check is that possible

Flag

Save

Share with:

Attorney answers (2)

E. Alexandra Golden

Reputation Level 15

Answered about 3 years ago. Elder Law Attorney in Needham, MA.

Flag

SSDI payments made to an adult occurs only after the beneficiary has paid into Social Security for at least 40 quarters and after the government has determined that the beneficiary is too disabled to hold down a steady job. If the father can't work because of his disability, he has no income other than SSDI -- and the child is entitled as a matter of law to receive SSDI as a form of child support.

Mark as good answer

3 people marked this answer as good

Add comment

Gabriel Cheong

Reputation Level 15

Answered over 3 years ago. Child Support Lawyer in Quincy, MA.

Flag

You can always TRY to bring a motion in front of the court to ask. However, the court will rule what is in the best interest of the child. Purposely getting less money for your child is not, in my opinion, in the best interest of the child.

Mark as good answer

6 people marked this answer as good

Add comment