Legal Question in Family Law in New York
can I get child support if the mother is on social security?
Hi.
I have had custody of my son for almost 3 years. I have recently decided that it is time to file for support.
The mother informed me that she isn't eligable to pay child support because she is on social security.
I can not find anything on social security that makes sense to me, in regards to child support.
Since she is on social security - are her children that are not living with her also available to receive social security? (she has a second child that she also does not have custody of)or do I receive support from her based on her social security payment?
2 Answers from Attorneys
Re: can I get child support if the mother is on social security?
Children are usually eligible to receive social security, unemployment or other "benefits" when their parent/s are receiving such benefits.
You may apply directly, to Social Security with the necessary documents and proofs.
However, it is recommended that you first file for and obtain a Child Support Court Order and Custody Order (if you don't have one already).
The noncustodial parent will have to prove to the Court what her income is and its source, saving you the aggravation and distraction of her life dramas.
GOOD LUCK.
PHROSKA L. McALISTER
Re: can I get child support if the mother is on social security?
CHild support is based upon the non-custodial parent's gross income, less certain items that do not include social security. In addition, the children may have certain benefits of their own connected with the mother's. Feel free to call me to discuss this further. I do not charge a fee for thei intial consultation.
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