Legal Question in Social Security Law in California

My ex-husband is a career criminal...

My ex-husband is a career criminal... our daughter is 10, we divorced when she was 2 because of his drug abuse which leads to his criminal activity.My ex has not paid a dime in support, he is usually in prison and when he is out the only income he has is from criminal activity.

I don't feel that our daughter should have to go without finacialy because of his drug problem. I have paid out of my own pocket for him to go to 3 differant drug rehabs since our divorce. But he doesn't WANT to quit. Is there social security or some other kind of finacial support for children in this situation? I am not on welfare or anything like that and would rather not be.


Asked on 12/27/06, 9:08 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: My ex-husband is a career criminal...

For your child to get Fed benefits, she needs to be under 18 and disabled, or the child of a disabled and otherwise eligible parent, and or you, who is not getting support, would have to be at the poverty level to receive SSI to benefit your child.

I am not aware of any provision of Soc Sec laws that provide "benefits" merely because the father is a crumb.

You can meet with a Soc Sec office and apply for your daughter, but I am not hopeful. Welfare is state, where SSI is Federal as administerd by the state. If you were on welfare/SSI your daughter could benefit with Medical for health coverage. You could get F. Stamps and other educatuional benefits for your child. YOu really need to meet witha needs counselor and go over your options.

Regards,

Mark Geyer

Happy Holidays

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Answered on 12/28/06, 7:58 pm


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