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If you get your son, then she will owe child support to you. Spouses who get the kids RARELY owe spousal support to the other spouse, but your case may be an exception becasue of her disability... the court will USUALLY say that the money really needs to stay in the house of the child. Whatever, she owes support to you for child support, but this probably will be "satisfied" by the SS payments due to him as a child of a disabled parent. There is some rule about that & I can't remember it offhand, AnswerGuy is usually able to put his finger on the written rules, and this is one of them... maybe he can find it for you... the rule has something to do with disability being counted as part of the disabled spouse's child support & you can't get DOUBLE for that... um, like, how do I explain... OK... like she owes you $500 a month in child support because you are 100% custodian of the child. The social security administration pays $300 to you a month for the child for being the child of a disabled parent. The net result is that she NOW owes you $200 a month in child support. The rule is that you can't collect the FULL amount of support from HER that she owes to you if you are getting some of it from social security, becasue that is supposed to count against what she owes to you. Go to social security & ask to make certain... but I'm telling you, the money goes to the child, not to the disabled parent... she is not entitled to extra FOR HERSELF simply because, as a disabled person, she has a child... NO... the CHILD is entiteld to something, becasue as a minor, he has a parent who is not able to provide & is covered under our social security system. Just like a child of a deceased parent will get social security death benefits ... those get paid out to WHOEVER is the guardian, the other parent, whether or nto they were divorced at the time of death... the grandparents... or even a foster family... it's FOR the kid but it's paid to the guardian so that the guardian can afford stuff that the other parent would have paid for... food, daycare, christmas gifts, or wahtever! |