I get social security disability and my son gets a certain amount off of me. I'm not the custodial parent! money goes to who?

Asked almost 4 years ago - Fort Smith, AR

I have always let my child spend every penny he gets every month! I am not the custodial parent even though I have him quite a bit! Does this ssd money need to go to the custodial parent? Will I be in trouble for having it come to me? His dad would just gamble it away! Also do have to pay child support and give over my childs social security disability money also? Child Support was voluntarily stopped by my ex 5 years ago can he start asking for it again or does it go back to court! So ssd & child support I pay both?

Attorney answers (1)

  1. Scott Allen Scholl

    Pro

    Contributor Level 18

    Answered . Parents cannot contract away child support obligations, so the father can come back request that you start paying child support again. Having your child "quite a bit" is a relative term, so it's difficult to say whether you could assert an argument that you shouldn't be required to pay child support, or as much child support, based upon how much time you have the child.

    While you still have a legal obligation to provide support for your child, the Court will normally count that portion of the SS that is being paid on behalf of the child as your support payment.

    As an aside, if you do not need the child's portion of the social security payments to support the child then instead of letting your child spend all of the money you may want to consider putting it aside or investing it so that he can use it to further his education or to have something to fall back on during difficult times.

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