1) It depends on if he is getting SSD or SSI disability benefits and the age of your daughter. There are auxiliary (family) benefits available for minor children of most SSD recipients - it depends on how much the SSD recipient is receiving each month. There are no children's benefits for SSI recipients.
2) You can work with your state Child Support Enforcement agency or county District Attorney's office to have the child support order enforced via garnishment of SSD benefits, however SSI benefits are not subject to garnishment.
The Social Security system limits the garnishment amount to the lesser of the State maximum or the maximum under the Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)) and is based on the law of the State where the beneficiary resides. Hereafter, the CCPA limit is referred to as the “Federal” limit. The CCPA limits garnishment to:
50%, if the beneficiary is supporting a spouse and/or child other than the spouse and/or child whose support has been ordered.
60%, if the beneficiary is not supporting another spouse and/or child.
55% or 65% respectively, if the garnishment order or other evidence submitted indicates the original support ordered is 12 or more weeks in arrears.
NOTE: SSI payments are not subject to garnishment.
My colleadue is correct. To find out, contact SSA and tell them about your daughter, and then ask if she is eligible for benefits as his daughter. If she is eligible, they will schedule a time to get an application for your daughter.
Gerald Gregory LutkenhausWorkers' Compensation LawyerRichmond, VA ·
My colleagues are correct. If he is getting SS Disability then she should be eligble for a dependent check. But if he is getting SSI (Welfare Disability) there is no dependent check.