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Can a child get both child support and social security disability payments?

North Charleston, SC |

My ex-husband, had a stroke in October 2010 and hasn't made a child support payment since December 2010. ( I received partial payment for the month). He was just adwarded social security disability and our 2 children ages 12 & 18 have already received 2 payments. My question is this-our youngest son will be receiving disability payments in the amount of $73 a month starting in August but the child support payment is $423. 00 a month. The judge, who ruled him into court, did not set aside his child support payment so is he still responsible for the difference between child support payment and disability payment our son will receive?

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Attorney answers 1


I have seen many cases where a child collects social security and is also entitled to the full amount of child support from a parent.
How social security and support interplay with each other depends on the state that you live in.
Its best to consult with an attorney who handles family law where you reside.