Can someone on Social Security survivors benefits be forced to pay child support?

Question

My son-in-law is gets Social Security survivors benefits (thro his deceased father) and has been told he has to pay child support (children in foster care). Can he be forced to pay? I know that people on S.S.I are not forced to pay child support but I do not know about Social Security survivors benefits He is disabled himself so that he can not work (he has Multiple Sclerosis), he will soon be 23 yrs old. He was getting his own S.S.I before his father died, once his father died last year then Social Security started the survivor benefits instead. Why the kids are in foster care is not important to my question.

Answer 1

http://cssd.dc.gov/page/impact-ssi-and-ssdi-child-support



http://www.ssa.gov/survivorplan/ifyou4.htm



As a general rule, survivor benefits are to age 18 or 19 max, or to age 22, if dependent was disabled prior to age 22, but since he has MS, would have qualified for SSD or SSDI?



There is a possibility that you may have what type of benefit he is getting? With SSD or SSDI, I believe you have to work anywhere from 2 to 5 years to qualify and with his MS, am "guessing" he has never worked, or if so, may not have qualified for the credits?



My suggestion is to make an appointment with a social security lawyer and have son in law bring copies of all the letters that SSD has sent him in regards to what kind of payment he is getting and from what source. When he went from survivors, to, income/disability, they would have sent letters telling him how much he would receive, or, if they reduce any payments, they will send him a letter.



Either way, social security will go after him if owed, or can stop payments, reduce payments.

Answer 2

They will probably go after him for some type of payment - yes. Takes time and depending on the state they may give him time to get his life together to get the kids back( if that is in his case plan) before going after money.Usually a year to 18 months.



It would be best for him to show the judge any costs associated with his illness- therapy ,doctors , medical supplies , visiting care takers- anything that has to be paid for his illness. Of course MS only gets worse as he gets older - so he should file for a modification when his illness progresses.

Answer 3

SSI is a different issue here and people on SSI cannot be made to pay. But your son-in law will be made to pay. His bank account will be frozen and funds withdrawn. The Gov. will come after his bank and funds.

Answer 4

Yes he can be forced to pay child support. Why should he not have to support his own children?

Answer 5

He should be forced to pay child support.