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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??

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Attorney answers 3

Best Answer
Posted

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.

Posted

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.

Asker

Posted

Would the benefits be retroactive from the time he started the process or from when he was approved? I have 3 boys 13, 17 and 19 and he started the process 2 1/2 years ago.

David B. Carter Jr.

David B. Carter Jr.

Posted

In my experience, it would be retroactive. Are you guys on good terms? Did he have an attorney? I would be more than happy to help you.

Asker

Posted

We are on very good terms, I get a little food support from the state and he is worried that it would be effected, but the dissability benefits will more that likely out weigh the food assistance. He also pay minimum child support $90.00 a month but does pay the mortgage payment of 800.00 a month in lieu of support. But once my middle son graduates next year he will just have to pay the amount for 1 minor which will be nill. I do believe he has an attorney that was helping him.

David B. Carter Jr.

David B. Carter Jr.

Posted

The SSI is the kids and they are entitled to it. I would do what I could to get it.

Posted

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.. .

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