My husband and I are getting ready to go through divorce and he is on disability? Do children keep benefits?
15 Oct 2009
When a husband and wife divorce, do the children keep their benefits when the husband is the one on disability and the wife is the custodial parent? Also, if they do keep their benefits, is the wife still able to collect child support from the father? He is working part time, getting paid cash for his work….how can I prove he is making this money so this money can be counted on to collect support?
I only know about SSA… my ex was on SSA and my daughter recieved benefits as part of their "family allocation" (I did not choose to recieve benefits). See, they have one amount for individuals on disability like your husband.. then they have a different amount for "family" ~ let’s say the family amount is $600… if your child is the only one listed, the child will recieve the full $600, if you and your child are listed, then you will recieve $300 and the child will recieve $300, etc… when you divorce, whoever has residential custody would apply to SSA to be the representative payee for the child and they would recieve the child’s portion from SSA. No, you cannot collect child support as your portion of the SSA family allocation is for that purpose. If you can prove he’s making additional unclaimed money, you could take that to SSA, but likely it would do you more harm than good as then he and the children would not recieve SSA any longer and would only get child support based on his part time under the table job.
