Legal Question in Family Law in Illinois

child support and SSI

I have a court order that says my ex-husband must pay $500 a month in child support until my son is 18. My son is 16 1/2, and a year ago, he started receiving SSI under my ex's name. Now my ex says he does not have to pay the child support because the SSI counts as such. Is that true? I don't want to risk what I am currently receiving in SSI funds by pursuing the child support re-enforcement. What should I do.


Asked on 5/04/09, 10:56 am

1 Answer from Attorneys
Sue Roberts-Kurpis, Esq. Law Office of Sue Roberts-Kurpis

Re: child support and SSI

Contact the attorney who handled your divorce for guidance. SSI can substitute for court-ordered support but the court should enter an order saying so. I'm assuming the SSI is less than $500/mo. That being the case your husband's income from all sources including his SSI is counted. IOW you are still entitled to 20% of his net income from all sources, not just the SSI check. If the SSI check is less than $500, he has to make up the difference. If he refuses take him back into court. I cannot imagine that social security cares one way or the other what you do in court.

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Answered on 5/04/09, 11:03 am


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