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How do I collect half of my children's SSI since we share custody 50/50?

How do I collect half of my children's SSI since we share custody 50/50?

Full question:

I have 2 disabled children over 21 yrs and am trying to get 1/2 of their ssi payment from my divorced wife. I have 50/50 custody of them and their mother will not pay me my portion of the money for their care. What forms do I need to file to go to court to take care of this?

Category: Divorce
Subcategory: Child Support
Date: 04/07/2025
State: Colorado

Answer:

If the mother of your children is not paying court-ordered child support, you have several legal recourses. A motion may be made for contempt of court charges, in the hopes that the threat of jail time will compel the delinquent parent to pay up. Recent law changes in Colorado also make it easier to establish liens on a bank account, home, or other assets of the delinquent parent. A relatively new law in Colorado allows the Child Support Enforcement Unit to place a lien on bank accounts in the name of any obligor who owes child support arrearages.

If the payments aren't required as part of a court order, it may be possible to petition for a modification of the divorce decree. This requires a showing of a significant change of circumstances. Child support can only be modified back to the date a Motion to Modify is filed.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Can a grown disabled child collect parents' Social Security?

Yes, a grown disabled child can collect Social Security benefits based on a parent's work record if they meet certain criteria. The child must have a qualifying disability that began before age 22. This benefit is known as Disabled Adult Child (DAC) benefits. The parent must also be receiving Social Security retirement or disability benefits, or have passed away. It's important to apply through the Social Security Administration for these benefits.

Can you get SSI for multiple children?

Yes, you can receive Supplemental Security Income (SSI) for multiple children if each child meets the eligibility requirements. Each child's disability must be evaluated separately, and they must demonstrate that their disability significantly limits their ability to function. The SSI benefit amount is determined based on the family's income and resources, which can affect the total amount received for multiple children.

What happens if you divorce with kids?

When you divorce with children, the court will address child custody, visitation, and child support arrangements. Both parents are responsible for the children's welfare and financial support. The court aims to make decisions that are in the best interest of the children, which may include determining how much support one parent must pay to the other. It's essential to have a clear custody agreement and support order to avoid future disputes.

What happens when you get divorced with kids?

During a divorce with children, the court will establish custody and child support arrangements. Custody can be joint or sole, depending on what is deemed best for the children. Child support is typically calculated based on both parents' incomes and the needs of the children. It's crucial to have legal documentation for custody and support to ensure both parents fulfill their responsibilities.