Legal Question in Social Security Law in Florida

A female friend of mine has been granted custody of two minor children from a divorce a number of years ago. The father owes child support and has recently begun receiving SS Disability payments. After checking with the SS office, she found that she was eligible to receive a children's benefit since the natural father is receiving disability. Beginning in August of this year, the father has had custody of the son due to some behavioral issues. This is despite the fact that the mother still retains legal custody. Upon talking with the SS office about the disability benefits, she was told that the past and future payments would all go to the parent with whom each child resides. She is considering getting her son to come back home with her since she knows the father would not give her the funds from past years of child support. What concerns should she have about changing the residence of the minor child and is there any other way she can intercept those payments?


Asked on 11/17/09, 3:40 pm

1 Answer from Attorneys
Lucreita Becude Lucreita D. Becude, P.A.

Child support is child support. You should contact the child support enforcement division in your area and let them handle getting the back support. The future support should be sent to you as the custodial parent. If you have given custody (through a court order) to your former spouse, then he is entitled to the support from SS.

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Answered on 11/24/09, 1:32 pm


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