My 6 year old daughter's mother is disabled and receives SSDI. She receives an auxillary benefit for our whereas she is the representative payee. We have court ordered 50/50 time-sharing, however, our daughter is in my care most of the time, exceeding the 50/50 time-sharing. She does not provide any of the auxillary benefit to me to help provide for our daughter, even though she is with me the majority of the time. Am I legally entitled to at least half of those benefits since we have had court ordered time-sharing since 2015, however, she didn't start receiving SSDI until 2018? She is under the impression that she can do whatever she wants to with the auxillary benefit since it is based on her disability. Does she have to provide a portion of that benefit to me to help me take care of our daughter during my time-sharing?
1 Answer from Attorneys
Only a Judge can answer this. Usually the court divides the Dependent Benefit based on the Time Sharing Order. You need to file for a Modification of Child Support to establish your claim, Social Security will not divide.