What to do if my children’s father receives SSI and Social Security but since he is on permenant disabillity they cannot garnish any money from him?

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What to do if my children’s father receives SSI and Social Security but since he is on permenant disabillity they cannot garnish any money from him?

I have filed a child support case. Child Support says my kids are eligible for benefits through his disability but the Social Security office says they are not. What can or should I do?

Asked on November 29, 2012 under Family Law, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

At this point, you need a lawyer. Usually your children would be eligible for benefits. You should review tihs matter on the Social Security Administration Website. I am unsure why Social Security is telling you otherwise but at this point it appears legal aid may be able to help intervene. It is not about garnishing wages as much as it is a separate benefit afforded the children.


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