Does a court order for support prove a child is yours?

1711. Does a court order for support prove a child is yours?

A court order for support must:

Identify the child;
Direct you to contribute to the child's support;
Either name you as the child's parent or have been issued under a child support statute; and
Have been issued before your death.

Last Revised: March, 2001

Comments

child support

April 25, 2012 by Guest

I am receiving SSD, my 10 year old receives a monthly check because of my situation. My question is can I use the check he receives as my child support payment.? If yes how do I go about doing this? If no why not? He's getting this because I am hurt.

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Disability benefits intended for child used for child support

April 26, 2012 by admin

I am not clear on your situation or your proposal. It sounds like currently your child is receiving a benefit from the SSA based on your disability. I assume your ex-spouse is the representative payee for the child.

I would check with the SSA for confirmation, and I'm not sure of your intent, but I would say you can not "substitute" or "use" the child's payment from the SSA to satisfy your child support obligation.

Please see the following case which is similar to your situation, but more complex. But note the following excerpt from it :

Auxiliary disability benefits belong to the dependent beneficiary, not the wage-earner...Because the plain language of the statute makes it clear that auxiliary benefits are awarded directly to the dependent, and not to the disabled person, dependent disability benefits are deemed to be the property of the child who receives them.

https://secure.ssa.gov/poms.nsf/lnx/1504010017