Legal Question in Family Law in Indiana

Father filing for SSI

My x boyfriend and I have 2 children together, one is 13, and one is 11. We have been split up for about 10yrs. He has never really paid child support, he has been incarrcerated alot throughout the years. Well 1yr ago when he got out of prison he took me to court for visitation. Which he saw the kids basically anytime he wanted any way, he just said I wasn't given him enough time. So we went to court and he was ordered 90 dollars a week for support and regular visitation. He still has not paid one dime. He just in the past few months said he applied for SSI. That's why the judge has not put him in jail. Will my kids get a SSI check, or will he not be obligated at all to pay support. Also he has been married for about 7yrs, lives with his wife who is on HUD, and Welfare, and neither agency knows about him. The address he has given the court he has never taken my kids there. Also is his wife partly responsable for his support. They sell drugs, lie alot, have the children lie, and scam (if you know what I mean), like getting anything they can for free. Will you please help, with some of these questions, and tell me what my rights are.


Asked on 3/20/04, 4:45 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: Father filing for SSI

If the father receives SSI, then his children also get a payment from the government sent to their custodial parent. You should call Social Security and explain the situation to them, at least to make sure that he listed the children in his application and that Social Security is aware they do not reside with him if there is a favorable decision. If he has not applied for them, then you will be able to dependent upon the result of his claim. You have no obligation to send your children to a place where illegal activities take place - but if he were to take you back to court, can you prove illegal activities take place there - or do you merely suspect them? However, if he fails to provide the address where he takes the children during visitation, then you may be able to refuse visitation until the address is provided.

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Answered on 3/22/04, 2:33 pm


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