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Child support/fInancial assistance for recently divorced mother of 2 children whose ex-husband has been incarcerated
Atlanta, GA
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Posted 26 days ago in Child Support
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A husband and wife with 2 small children were recently divorced. The mother was awarded full custody of the children with child support. The father owed ~$5K in back child support at time of the divorce, and is not currently working. The mother just learned that he is being incarcerated in a few weeks for a 10-year prison sentence. Since he will not be able to provide child support over the course of his incarceration (and most likely thereafter), can she draw any of his social security benefits now for assistance? He is not currently eligible for ss benefits, nor will be eligible during his 10-year sentence.
Answers (1)
Melanie Ann Brubaker
This attorney is licensed in Georgia.
Posted 19 days ago.
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While the father is in prison, his child support obligations will continue to accrue according to the terms of the court order. I don't believe that the Social Security Administration (SSA) provides benefits to incarcerated individuals, especially if that person has not been determined disabled. Nonetheless, I encourage you to contact the SSA and get an answer to your question. The SSA website might even have an FAQ which answers your question. Hope this helps. Good Lick!
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