Social Security Disability and Child Support.

Asked over 1 year ago - Seattle, WA

1. I was approved for SSDI.
2. I am divorced.
3. My wife has custody of my child.
My questions?
A : Does my child still qualify for the family SSDI benefit? (1/2 of my PIA)
B : Do I still pay the same amount of child support out of my SSDI to my wife in addition to the SSDI amount the child will receive or is there an offset?
C ; Does my ex wife also qualify for family SSDI benefits b/c she has custody of the child?

Thank you.

Attorney answers (3)

  1. Susan J Holm

    Contributor Level 11

    2

    Lawyers agree

    1

    Best Answer
    chosen by asker

    Answered . A. Yes.
    B. Probably not. The SSDI child benefit should count against your child support obligation. Now that you have been found to be disabled, you may want to go back to court for a new child support order, considering your decreased income and get an order clarifying your obligations under these changed circumstances.
    C. No.

    Good luck to you.

    Disclaimer: Please note that this answer does not constitute legal advice. It is merely intended to provide... more
  2. Dave Hawkins

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . This question should be posted under SSI/Disability

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more
  3. Clint Curtis

    Contributor Level 16

    1

    Lawyer agrees

    1

    Answered . As previously stated the SSDI benefit may offset your child support obligation. This will not happen by itself, however. You should contact attorney that deals with family law. They will need to seek a modification of your child support based on your new set of circumstances.

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