Child Support - Frazee, MN

Updated on May 19, 2009
N.D. asks from Frazee, MN
24 answers

I have full custody of my son and have had a restraining order on the father for 5 years. I have been trying to collect chid support from the father and the father is on Social Security. Everyone keeps telling me I can't get it but I know one person that they were pulling child support from his Social Security. Does anyone know if I would be able to?

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M.F.

answers from St. Cloud on

Every state is different, but I do know that they take support out of Social Security checks in Wisconsin and Minnesota. I would first off see a good child support lawyer. They should be able to help you with the whole thing.

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K.H.

answers from Minneapolis on

you have every right to child support-my brother is also on ss they take it right out of his checks monthly.so call your county welfare dept.get the info you need to take care of the child.good luck

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L.H.

answers from Milwaukee on

It's not actually child support but you can get a check for your child from social security. It's a dependents benefit. I know because may child gets it from her father. If you know his social security number and such I would try to contact the social security office and ask what you need to do. Good luck.
You have the right to get suport for your child!! Even if he is to have no contact with you or the child.

K.W.

answers from Milwaukee on

good luck yes if he is on social securiy disability you can get it just bring down the paperwork stating that he is court ordered to pay child support to your social security office my daughter also recieves benifits off her dads ssi but child support claims they cant find him to get the child support out of his checks

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G.M.

answers from Minneapolis on

Call the County Attoneys office and the office of child support. I called the child support office they told me that if my ex went on social security you can still get child support out of that. the County Attornys office can set you up with an attorney who works with support cases give them a call. Hang in there.

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S.B.

answers from Minneapolis on

I am NOT a lawyer, but my understanding is that if he is on SSI, the answer is no, but if he is on SSDI, the answer is yes. If he is on SSI, I would inquire as to whether or not your son qualifies for SSI as well since no child support is available.

Good luck.

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P.P.

answers from Minneapolis on

My sister works for the Social Security Administration here in MN. So, I asked her about this and this is what she said: The first thing you have to do is go get your child on Auxiliary social security benefits. That means that the child is entitled to part of the father's social security check. Once you get your child on social seciruty, then you need to bring your entitlement social security letter for your child to the child support office and ask them for garnishment to recoup any back child support. The number you can call to get started and for more information is 800-772-1213. Hope this helps and good luck!

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J.B.

answers from Minneapolis on

Hi N.. I receive child support with Minnesota. The best way to determine what you would be looking at is going to their website:
http://www.childsupport.dhs.state.mn.us/Action/Welcome

At the top you will see a tab that is for the guidelines calculator. This is where you put in your and his information to determine an estimate of what the child support should be. It does have a place to put in SS, so if you know what he is getting, you would be able to find out what you may or may not be entitled to. I hope that helps.
J.

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C.K.

answers from Minneapolis on

Hi N.,

What is the Child Support Office for your county saying? Are they the ones who are telling you that you can't collect?

As others have pointed out, certain SS benefits would automatically qualify your son for his own SS payments. (I know this because my son will still be a minor when my husband turns 62, and yes, my son can collect his own SS if my husband opts to collect at that time.) I would contact the SS office and submit an application for your son. Explain the situation--you won't be the first person to have gone through this. You may even qualify for "back" pay!

If you haven't already, look into receiving Aid For Dependent Children (AFDC). Your situation is exactly why this assistance exists! Don't be shy about pursuing it.

Whatever happens, don't EVER stop pursuing child support, even when you're son is 35, even if it's something you check up on once a year, even if you're filthy rich. If the father does owe money, he will ALWAYS owe it, and you can get portions of his tax refunds, inheritances, and so on. I know this because my mother never got child support from my bio dad except when the state would intercept his tax refunds, and she did receive AFDC for me.

Good luck!

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R.J.

answers from Minneapolis on

You should contact your local Child support collection office. I see many children getting CS from SS not SSI, there is a difference. If you do not get any place with the CS office go straight to the SS office or check out their website!

Good Luck

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K.K.

answers from Minneapolis on

I have a friend that just did this. First I am guessing that you have a support order. Go to the social security office and put in a claim. You will need his SS#, Full name, and address. She get a % of his SSI plus dependant benefits.
For her she gets like 115 from his check and 200 from dependant benefits. Also if he has been getting for a while you get back pay.

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M.K.

answers from Green Bay on

When my son was born his father was on Social Security. I had to go thru the Social Security office to get Social Security for my son. My son was eligible because he was a minor child andhis dad wsas on Social Security. I just had to have the papers that proved who the father was. Hi father died when my son was 6 months old and after that he was elibible for survivors benefits from Social Security. If I were you I would call the Social Security Office in your area. I found out about that thru the child support office. Good luck. It is a long process so you should start now.

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B.M.

answers from Appleton on

Yes, you can. Go down to the local child support agency and ask them for help. Be polite and be honest and they should be able to help with the paperwork. You can also go down to the local Social Security office and ask them for some help. Because your son's father gets SS, your son is eligible for a certain amount from SS too. It might not be much, but it should be something. DO NOT just try to make arrangements with the father for child support directly. Go to the agency and let them handle that for you.
Good luck,
B. M.

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M.T.

answers from Des Moines on

Yes you can get child support for your child my daughter dad is getting SS and they take it right out of his money every month you need to contact your local CS agency and speak to someone because they can help you with that they can put in an order for them to start taking money which is called Income Withholding.
Good Luck

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C.L.

answers from Minneapolis on

Call your local courthouse and ask for child support enforcement. This is a service provided at a low cost and they garnish his wages for you. It may take a while to get an order in effect, but eventually it will happen.

If you don't have an existing child support order, they can get one for you. Make sure you do it for your child.

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R.K.

answers from Appleton on

I would say contact a local domestic violence shelter or agency. Sometimes they know of attorneys who work por-bono or reduced fee to help survivors of dometic violence get child support and other kinds of help. The laws vary from state to state and if the father is old enough to get regular social security then yes his children usually do get payments too. If he is in SSI there is a difference whether he is on state or federal. You need the advice of a lawyer.
Good luck dear, I truely hope it all works out for you.

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A.H.

answers from Omaha on

I would think the best way to find out is to call an attorney. They could probably at least answer your question for you and tell you what steps you would need to take in order to get support.

HTH,
A.

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K.K.

answers from Minneapolis on

I would also contact the county about child support options. My mother pursued child support for me and eventually the state took over when he continued to not pay. Strangely enough, all those years he never paid, and now he is on SSDI and we get a monthly allowance even though all 4 of his kids are adults now. I agree with never quitting the pursuit, you never know when the money will show up.

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S.G.

answers from Rapid City on

I do not agree with the lady who said if you have sole custody he doesn't owe you support. It maybe that way in some states but I think most have a seperation of custody and support.

I am not sure if SS can be used for child support, but tax returns can be. Check with a lawyer in your area and see what he says. Also if you go through the court for child support, they will also take care of his not paying and keep your address from him.

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L.S.

answers from Milwaukee on

Hello N. D,

Yes, You are entitled to receive payment from his Social Security. You can call and ask them but I think (Not too for sure) your child's father has to do it. I just remember receiving payments from my own father when I was younger from his Social Security. Your son should be at least entitled to get about $200 a month depending how much his father put into it.

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B.H.

answers from Minneapolis on

If the father is on SSI then your son should qualify up until 18 for being a dependant of someone on SSI. He won't get any of his father's monthly SSI check but should instead get his own check each month. Cool huh?

My mom was diabled and on SSI. She DID NOT have custody of me and didnot pay childsupport. She has passed away but now as an adult finding this out, I am trying to collect my money, It's my understandings I should have gotten a check every month as a child. I have gotten some money but it's been a long process, mostly because SSI didn't find out I existed until she died and I'm now an adult. I'm 28 years old and my mom died like 8 years ago. One day I just happened to get a letter out of the blue in the mail and they wanted to know if I was her daughter, which I had to prove and I've recieved 2 large checks since. But I would call SSI and ask them, your son may get a nice little check every month.

My neighbor next door was telling me she was disabled and got SSI but not much only like 500 a month but her child who was a minor got a check every month as well only a 100 dollars or something because she didnt get much herself.

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K.S.

answers from Milwaukee on

I'm also not a lawyer but have worked in a domestic violence shelter. If you do have sole custody then he doesn't owe you child support. If you have sole custody then he has NO rights to your child and doesn't have to pay. If you have sole placement and joint custody then yes, he owes you child support. If this is the case then there are other rules about his rights as a father (i.e. I think you can only live 150 miles from the father etc.) Check out the verbage to see what rights each of you have. This is never as easy as it should be and I wish you luck!

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L.C.

answers from Davenport on

You might try this website for social security(S.S.) questions. The local S.S. office phone numbers are there too. A friend recently used this websource for free legal advise http://family-law.freeadvice.com/child_support/
Family Resources may be another place to aks for resources too. Good Luck, L.

J.B.

answers from Minneapolis on

This is what I do know, if you have the fathers social and you know for sure he is on social security, take that info and your childs info such as birth certificate showing the fathers name to the local social security office and they would be able to help you with paper work. This is totally seperate from childsupport so you would not be dealing with social services or childsupport personnel. I hope this helps!!!

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