Social security and child support?

My husband cant see his kids because the courts said that he is mentally disabled. To make a long storey short the mom does not either. She left the kids with the grandma, any ways now they want child support and they are on welfare. My husband only gets social security $650.00 a month. and SSI $449.00 a month I take care of him. and I was wondering if Social security can take out money from his checks. Im his representative payee and I need to know how this will happen. as If we have to move if we wont be able to live here any more. Please we barley make it now and we struggle with 3 kids and I really worried.

The only way the grandparents are going to get child support from anyone is if they have the legal custody of the children changed to them. Just having physical custody does nothing. Whoever has the legal custody can ask for child support. But, they would have to go through all the red tape and courts to get it changed to them. I also believe that the courts would also say that both parents have to pay support since neither of them have the children (that part I'm not 100% sure on) I have never dealt with an SSI case, so I don't know if they can take it. But I do know that if it is social security disability, then yes they can take child support out of it, and it would be made proportionate to what he gets. If the grandparents are on foodstamps or TANF, then they wouldn't see any of the child support anyway, people that recieve child support while on these services have to sign over their right to child support, and the state gets all current and back support from the time they are on these services to the time they leave them. And if there is still back support when they leave these services, the state still gets that to.

I dont think they can take ssi money or social security money either

Yes they can. Check out the website and it should help you with your question. But they need to also go after the mother, not just the father.

I think they have programs for mentally disabled people so they can live with their kids. Just because you cant take care of them being mentally disabled doesn't mean you can live with your kids.

I am taking it that grandma has got a case with the 'child support enforcement agency' where as they will automaticly garnish an amount from his check and possibly her too.

Show up to court with all proof of income/proof of disability.
I`m not sure if the courts would include both of your incomes in determining the amount of child support per child but it is based on income level.

His kids can also get a separate 'benefit' (due to his mental illness) from Social Security (which isn`t deducted from his check) but grandma needs to take that up herself and I strongly suggest you bring that to her attention.

Yes, they can make him pay a portion of any money he receives (and they should, kids can't eat air)

Since your husband gets both SSDI in addition to the SSI, it's possible that Social Security benefits are available for the children under 18 (or under 19, if still in HS). Contact Social Security and ask them about dependents benefits for the children. The Court should accept those payments as the child support.

SSDI is Social Security benefits for those who are completely disabled, but who worked long enough under Social Security to qualify for benefits based on their earnings.

SSI is Supplemental Security Income which is a form of welfare for those who are completely disabled, but who didn't work long enough under Social Security to qualify for benefits based on their earnings. There's also a household income and assets limit for SSI benefits.

Those who don't qualify for a very high SSDI benefit may qualify for some amount of SSI.