Legal Question in Social Security Law in Pennsylvania

hello i am on SSD and i found out that my exwife can recive both SSD and child sopport. i havent worked sence june 17,2007 was injured at work. can my exwife recive the 2 checks . 1 is from SSD and the other is child support. sence i do not have earned income can my exwife get both checks?


Asked on 8/05/10, 11:10 pm

1 Answer from Attorneys
Randall Selagy F. Randall Selagy, P.C.

If she is the custodial parent, she will be entitled to receive an auxiliary benefit for the children. It will be 40-50% of what you get. Remind her that she may be required to give an accounting to SSA at some point. This money is for the children, not her.

If you have a Child Support Order, she has a right to continue to get that. But you should PETITION TO MODIFY your support order based on 1- that your income is lower because you are not working (you should have done that in 2007) and 2- that her income is higher now because she is getting SSD for the children. Find a support lawyer who understands this complex issue - not all have such experience. Theoretically, you should be paying little or no child support.

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Answered on 8/11/10, 7:20 am


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