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My x husband did not include my/his children on his disability claim and he was approved. How do I get them on???

Warren, MI |

My X has been trying to file for disability for over 2 1/2 years he has finally been approved, but for some reason has not listed our children as able to get benefits. I don't understand why he wouldn't and I'm not getting direct answers from him. If my kids received these benefits would it directly effect his montly check??? Not sure how to go about handling this??

Attorney Answers 3

  1. Best answer

    There is no mystery to this situation. Your ex-H's disability application asked only for the names of possible dependents. Upon award of his benefits , it is necessary to follow up with a specific application for award of the dependent benefits. This part of the process is supposed to be automatic, but in my experience, it is not. You will want to try contacting Social Security to offer to prepare the applications for the dependent's benefits, but it is possible that they will claim this must be done by the ex-H. If so, notify him is writing and give him a short time to get it done. In the event he refuses, you will need to return to the divorce court and threaten contempt for his failure to file the dependent applications. Be aware that the dependent benefits are a credit against his child support obligation in must states and if the benefits exceed his obligation you will likely be entitled to keep the excess.

    Best wishes for a favorable outcome, and please remember to designate a best answer.

    This answer is offered as a public service for general information only and may not be relied upon as legal advice.

  2. This would not affect his amount. This seems awfully vindictive on his part. Hopefully it was a mistake. I would contact the disability office and see about getting the kids added. If that does not work you could file a Motion in your Divorce case seeking an Order from the Judge to force him to add the kids. How long ago was the divorce.

  3. Speak frankly to him, his SS Disability lawyer and if necessary, take him to court. If he has received are retroactive and he is in arrears with his support, that may be an issue as well. Generally it is to his actual benefit to cooperate. Seek to resolve this by agreement, if not seek counsel.

    To the PROSPECTIVE client, please call myself or another attorney for your choice with more detaiils and an appointment. My PRELIMINARY answer to your question(s) is for general purposes and based upon what little information you have conveyed. It is based on such limited information that the general answer should never be relied as a reason for your action or inaction. My response does NOT establish an attorney-client relationship and such may only be established by mutual agreement, and the signing of a written retainer agreement, which will generally require payment for our services, as this is what we do for a living and, just like you, we must get paid for our work.. .