Hello! I had a NYS Court Order demanding my 'X' pay 65% of his benefits (or other funds he didn't want to disclose) when he turned 62 for over $430,000 owed to me for Child Support, only. It was to be paid out over a 15 year period from 2020 until 2035. We were almost 2 years unto the Agreement when he died, 12/29.21. In a month the SSA took away the $1,350 I fought for for 12 years saying, "We don't honor a NYS Court Order. We're Federal." My funds were cut & I got the difference in his higher amount -- a little over $200. I'm trying to live on $24,000+ a year but I com up short every month. I'm at poverty level with that amount. I left NYC as I live with chronic & intractable pain. I can swim year-round in a heated pool in FL. Also, the cost of rent is a bit less. My argument is the CSE -- Child Support Enforcement agency of every state is governed by a FEDERAL agency -- the CSOE (Child Support Office of Enforcement) & the Dep't of Health & Human services -- also Federal. I believe my NYS Court Order should be honored but it's nearly impossible fighting the SSA. MY local Congresswoman said she couldn't force the SSA to honor my Court Order. I just sent letters to Henry J. Kerner & John McAdams on the situation so I cannot explain their position yet. Any suggestions? How high can I take this to fulfill the balance of the NYS Court Order I fought so hard for? I Thank You in advance.

To add to my last question a moment ago -- I have documented & diagnosed chronic pain for the past 20 years that is worsening every few months. I'm avoiding a walker as next is a wheelchair & I don't want to live like that. Am I entitled to SSDI if I've collected SS benefits since I'm 65? I'm 71 now. If not, what other options of financial aid are available to me? Thanks again! Janet

Hi Janet. You can't collect back child support that was owed by a deceased person from the deceased person's Social Security account. If you had a court order to garnish your ex-husband's Social Security benefits, that order would only be valid during your ex-husband's lifetime.

To clarify this further, once your ex-spouse died he was no longer entitled to receive any benefits from Social Security. Some people mistakenly think of a person's Social Security account to be similar to an Individual Retirement Account, but that's not accurate. There are no funds in a person's Social Security account. The Social Security taxes that are collected from a person's earnings go into a central trust fund that is used to pay benefits to all of the people who are currently entitled to benefits. The only way that a person can collect payments based on their Social Security contributions is to become entitled to monthly benefit payments.

Social Security is not liable for any debts that person owes. Social Security's only involvement in a court order like yours is to garnish a portion of the monthly benefits payable to a person who owes child support. If the person is no longer eligible for benefit payments, then there are no benefit payments to garnish.

The only thing that Social Security can pay from a person's account after they die is survivor benefits, and it sounds like you are collecting surviving divorced spousal benefits. A surviving spouse or ex-spouse who qualifies for survivor benefits can only be paid a total monthly amount equal to the higher or their own benefit rate or the deceased spouse's full rate. Therefore, if you're collecting your own Social Security retirement benefits, then the most that you could be paid as a survivor is the difference between your monthly benefit rate and your ex-husband's full benefit rate. In other words, you could be paid a combined amount equal to your ex's higher monthly benefit rate.

With regard to your last question, the answer is no. Social Security disability (SSDI) benefits can only be paid up until a person reaches full retirement age (FRA). If you're age 71, then you can't qualify for SSDI benefits. My expertise is limited to Social Security benefits, so I can't give you any advice regarding other possible sources of financial aid.

Best, Jerry