My husband and I are getting ready to go through divorce and he is on disability? Do children keep benefits?

I only know about SSA... my ex was on SSA and my daughter recieved benefits as part of their "family allocation" (I did not choose to recieve benefits). See, they have one amount for individuals on disability like your husband.. then they have a different amount for "family" ~ let's say the family amount is $600... if your child is the only one listed, the child will recieve the full $600, if you and your child are listed, then you will recieve $300 and the child will recieve $300, etc... when you divorce, whoever has residential custody would apply to SSA to be the representative payee for the child and they would recieve the child's portion from SSA. No, you cannot collect child support as your portion of the SSA family allocation is for that purpose. If you can prove he's making additional unclaimed money, you could take that to SSA, but likely it would do you more harm than good as then he and the children would not recieve SSA any longer and would only get child support based on his part time under the table job.

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If he is on disability and working under the table (being paid cash) this is fraud and you should report him. This kind of thing happens way too much these days.... proof would be getting a PI to get some pics of him working, statements from his co-workers, proof of cash deposits at the bank, etc.

As far as child support, if you can prove he is making this money he will likely be removed from disability and possibly have criminal charges filed - it will be tough to get child support from him since he isn't working....

Wait a second...you're wanting to take away the benefits of someone who can't work?

No they won't and no you can't