Child support after Social Security

J

Jimmy12345

New Member
Jurisdiction
Arkansas
I've been divorced for 2 years now and in my divorce it states that I would not pay child support due to child being on Social Security and my ex-wife is getting remarried here in September so my question is if my daughter no longer gets Social Security because the two of them make too much money can she press me for child support
 
Does your child get SSI or SSDI? I'm confused what you mean by she gets "social security."

Research: Child Support Payments and the SSI Program

"Under current law, the Social Security Administration (SSA) excludes one-third of child support payments received in a month on behalf of a child on Supplemental Security Income (SSI) from countable income in determining the SSI payment."

So I would think that if the child no longer gets that benefit you would likely be held accountable for child support.
 
Not to mention that either parent at any time can file for a modification of the order. I will say that your ex's new spouse's income is not a factor in determining what you might owe in child support.
 
Jimmy12345 said:
I've been divorced for 2 years now and in my divorce it states that I would not pay child support due to child being on Social Security and my ex-wife is getting remarried here in September so my question is if my daughter no longer gets Social Security because the two of them make too much money can she press me for child support
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Why would you object to supporting your child, thereby allowing the taxpayers to do so, or your former spouse's new husband?
 
First off I don't have a problem with supporting my daughter I have a problem that her mother doesn't have a job and she's on I believe it's SSD because she has and I didn't think his income would be a factor in that what is income is a factor in how much money goes into the household an SSD requires you to report all income and once you make over a certain dollar amount which is roughly about 2200 then they start taking out of the SSI because you made too much
 
Jimmy12345 said:
First off I don't have a problem with supporting my daughter I have a problem that her mother doesn't have a job and she's on I believe it's SSD because she has and I didn't think his income would be a factor in that what is income is a factor in how much money goes into the household an SSD requires you to report all income and once you make over a certain dollar amount which is roughly about 2200 then they start taking out of the SSI because you made too much
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Did your former spouse NOT have a job when you married her?

Was she also jobless when you bred her?

Your choices landed you in this boat, mate.

The outcome is no longer in your hands.

I hope the new guy wakes up before he is victimized, too, which further victimizes you by proxy.
 
Jimmy12345 said:
can she press me for child support
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Yes, but I doubt that's really the question you intended to ask. What I suspect you intended to ask was whether a court might order a modification of your divorce decree such that you have to pay child support. The answer to that question is yes.

By the way, why is your child receiving social security, and why do you think it might stop because of your ex's marriage to someone else?
 
Color me confused. o_O Is the ex receiving SSDI (which is not welfare, not needs-based and has dependent benefits available), or is she on SSI (which IS welfare and needs-based with NO dependent benefits) or is she on a combination of the two?
 
KatDini said:
Color me confused. o_O Is the ex receiving SSDI (which is not welfare, not needs-based and has dependent benefits available), or is she on SSI (which IS welfare and needs-based with NO dependent benefits) or is she on a combination of the two?
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Maybe each one is getting "sumpin"?

SSI is prolific......
 
Jimmy12345 said:
First off I don't have a problem with supporting my daughter I have a problem that her mother doesn't have a job and she's on I believe it's SSD because she has and I didn't think his income would be a factor in that what is income is a factor in how much money goes into the household an SSD requires you to report all income and once you make over a certain dollar amount which is roughly about 2200 then they start taking out of the SSI because you made too much
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SSDI and child support are figured differently. Yes for SSDI the entire household income is calculated into whether or not someone can get it.

If you start to make too much in your household then they just stop giving it to you. Why would she get SSI if she made too much for SSDI?

Now child support does not take into account any new spouse's income. If a non-custodial parent and their spouse file a joint tax return, that spouse can get their refund taken if the NC owes support. (That's why I didn't file joint when I was married to my ex). But when it's calculated no - his income won't be incorporated.

Why are you so worried about supporting your daughter?
 
leslie82 said:
SSDI and child support are figured differently. Yes for SSDI the entire household income is calculated into whether or not someone can get it.

If you start to make too much in your household then they just stop giving it to you. Why would she get SSI if she made too much for SSDI?
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You have it backwards. SSI has income limits and does figure a step parent's contribution to the household for eligibility purposes, if the child lives in the same household. SSDI does not have an income threshold. There are limits on how much income the recipient can make and still receive benefits, but no one else's income is considered in determining who gets benefits.

I am not sure why you wouldn't be paying child support, especially if the mother does not work, but that is between you. If the child is disabled and currently receiving SSI and will not be living with her mother, and a stepparent with income over the threshold to qualify for benefits, SSI will be terminated. The mother absolutely could file for a modification and there is a 99.9% chance it would be granted as courts believe that the biological/legal parents are the ones responsible for the support of a child.
 
ElleMD said:
You have it backwards. SSI has income limits and does figure a step parent's contribution to the household for eligibility purposes, if the child lives in the same household. SSDI does not have an income threshold. There are limits on how much income the recipient can make and still receive benefits, but no one else's income is considered in determining who gets benefits.

I am not sure why you wouldn't be paying child support, especially if the mother does not work, but that is between you. If the child is disabled and currently receiving SSI and will not be living with her mother, and a stepparent with income over the threshold to qualify for benefits, SSI will be terminated. The mother absolutely could file for a modification and there is a 99.9% chance it would be granted as courts believe that the biological/legal parents are the ones responsible for the support of a child.
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I guess I thought my daughter had SSDI but she had SSI and I was the only one who had income. I thought she got it after divorce but it was while we were married now that I think about it.

He said in his OP that as long as his daughter gets "Social Security" he doesn't have to pay child support. But now that his ex's soon to be husband and his ex will be together and IF they make too much and IF she gets off SSI, then will he have to pay child support.

I'm not sure why he doesn't have to pay child support just because she's on SSI.
 

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