Not affiliated with the US Social Security Administration

Child Custody and auxiliary benefits

I have recently divorced my wife, who is on SSDI. We have one child that receives the auxiliary benefit, I have custody of him 72% of the time.

The Family Law Judge did not understand the auxiliary benefit and awarded her the full auxiliary benefit as being a part of her SSDI benefit. I went to the SSA office and showed them my custody agreement as was elected as the Representative Payee for my son.

Unfortunately my ex-wife also suffers from bi-polar (documented) and is prone to spending sprees and mis-use of the funds.

I am looking for the statues that define the criteria in the SSA making their determination on who is the custodial parent. I was told in the office it is the parent with the child 50% of the time. I would like to find supporting documentation for custody as well any information on her bi-polar potentially disqualifying her as the Representative Payee.

Again the SSA has already made me the Representative Payee I just need to find the supporting documentation to show the Family Law Judge.

Thank you,

Sponsored Links

Recent Content

Explanation of Windfall Elimination Provision and Social Security Benefits

This is a very good article which explains, in common language, the reason for the Windfall Elimination Provision (WEP). WEP may be called "double dipping" in common terms.

The article also gives an overview of how Social Security provides a better "rate of return" to low income workers.

Excerpts :

But in a nutshell, I can tell you that Maria’s $1,150 benefit represents about 90 percent of her average lifetime monthly wage. Whereas Frank’s $2,400 Social Security check is probably about 40 percent of his average monthly pre-retirement income.

Tips on Filing for Social Security Benefits

This is a good article with several tips on when and how to apply for Social Security benefits.

When to file :

* For a retirement or Medicare claim, file three months before you want your benefits to begin.

* For disability, file as soon as possible.

You can largely file online, with the notable exception of a survivor claim for a widow, widower or surviving child. Call Social Security to schedule an appointment.

One-Page Overview of Social Security Disability

Here's a good overview of Social Security disability which answers the following questions :

Who does the SSA consider disabled?

What is the SSA’s definition of disability?

What evidence does the SSA require to prove my medical condition?

What if my medical condition is not in the Blue Book?

Does the SSA have any other requirements for disability benefits?

What if I am able to earn a small income?

If I am unable to work, am I guaranteed disability benefits?

Sponsored Links

Sponsored Links

Not affiliated with the US Social Security Administration