Would I be entitled to part of my ex-husband’sSS disability benefits if we still have a child under and 18 and he hasn’t been able to support him?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Would I be entitled to part of my ex-husband’sSS disability benefits if we still have a child under and 18 and he hasn’t been able to support him?

If I was married to a person for 20 years and now he has been approved to ss disability benefits. Would I be entittled to part of the benefits due the fact that we still have a minor child and I was a stay at home mom?

Asked on March 14, 2012 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The question here is if you would be able to have his disability garnished to pay arrears and current payments for child support for the benefit of the minor child.  The answer is, it depends.  SSI is not able to be garnished for child support payments.  However, SSDI is allowed to be garnished.  get moving on a court date for arrears and a judgement.  Seek some legal help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption