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My ex-husband is getting disability and I was wondering if our daughter can get social security benefits?

Fayette, MO |

Ex-husband can't make child support payments can our daughter get social security benefits as he is getting disability payments now?

Attorney Answers 3


1) It depends on if he is getting SSD or SSI disability benefits and the age of your daughter. There are auxiliary (family) benefits available for minor children of most SSD recipients - it depends on how much the SSD recipient is receiving each month. There are no children's benefits for SSI recipients.

2) You can work with your state Child Support Enforcement agency or county District Attorney's office to have the child support order enforced via garnishment of SSD benefits, however SSI benefits are not subject to garnishment.

The Social Security system limits the garnishment amount to the lesser of the State maximum or the maximum under the Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)) and is based on the law of the State where the beneficiary resides. Hereafter, the CCPA limit is referred to as the “Federal” limit. The CCPA limits garnishment to:

50%, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered.

60%, if the beneficiary is not supporting another spouse and/or child.

55% or 65% respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears.

NOTE: SSI payments are not subject to garnishment.

Disclaimer Information on this site is provided by Brian Scott Wayson as general information, not legal advice, and use of this information does not establish an attorney-client relationship. If you have questions about your specific situation, please call an attorney.

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This is a bunch of balderdash....Suddenly the loser gets a check from the government and they suddenly have no obligation to take care of their child...The government, nor the ssi recipient is no longer responsible for a childs welfare.....that's not right so I am going to write my congressmen and tell him my opinion and would hope others would do the same.

Brian S Wayson

Brian S Wayson


Best of luck with that. But I think you are reading more into my answer than what is there. The child support obligation does not go away, it just cannot be enforced via garnishment of SSI. The obligation still builds up and if the debtor ever comes into some money the arrearages often can be collected from those monies.A low income family with a child can sometimes get TANF benefits through the state.


My colleadue is correct. To find out, contact SSA and tell them about your daughter, and then ask if she is eligible for benefits as his daughter. If she is eligible, they will schedule a time to get an application for your daughter.

The exact answers to questions like this require more information than presented. The answer(s) provided should be considered general information. The information provided by this is general advice, and is not legal advice. Viewing this information is not intended to create, and does not constitute, an attorney-client relationship. It is intended to educate the reader and a more definite answer should be based on a consultation with a lawyer. You should not take any action that might affect your claim without first seeking the professional opinion of an attorney. You should consult an attorney who can can ask all the appropriate questions and give legal advice based on the exact facts of your situation. The general information provided here does not create an attorney-client relationship.

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My colleagues are correct. If he is getting SS Disability then she should be eligble for a dependent check. But if he is getting SSI (Welfare Disability) there is no dependent check.

This response is meant to be information only and should not be considered to be legal advice. This information is not meant and should not be construed to be the formation of an attorney client relationship. I practice Virginia Workers compensation law and Social Security Disability law.

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