Social Security Disability / Child Support?

[buddy]

Friend has Disability hearing on June 20.

Long before his disability occurred, he's been making a child support payment of $400 per month faithfully....$100 month more than what the court required (extra $100 was for child's piano lessons). Despite being unable to work, he has not missed a payment.

If judgment is in his favor, will the court reimburse my friend for past child support OR WILL THEY SEND THE CHECK TO HIS EX-WIFE WHO IS THE LEGAL GUARDIAN?

Is there anything he can do or say to make sure he receives the reimbursement check and not his ex?

Thanks in advance.

 

[taoist]

Child support laws are generally state specific.... If he were in Tennessee, any modification of child support cannot be retroactive.... He would need to file a petition to reduce his support payments because of his disability (inability to work) and if Social Security determines that he is disabled, then they will send out monthly checks to him and a separate monthly check to the minor child.... The second check will be mailed to the ex-wife is she has custody of the minor child.

Secondly, if he was paying $100 over and above the court order, tell him to stop because he will not likely get it back.... If I were her attorney, I would claim that it was a gift.


While not an expert on Social Security, I doubt that he will receive any "reimbursement" for child support payments. However, if he hasn't filed a Petition to Reduce his support, he needs to do so immediately....

 

[gardenweasel]

buddy..i worked for the feds for awhile and i do know that if he doesn`t stay current on his child support,she can have social security take it out of his disability checks...

they don`t play with child support...

 

[buddy]

Seems like he made a mistake? in not having his child support payments reduced because of his inability to work. He borrowed the money from family because he didn't want to see his child suffer.

He's hoping the court may look favorably on the extra money he sent per month and reimburse him that amount.

I told him not to get his hopes up.

 

[pug]

edit

 

[taoist]

Buddy,

The Admin. Law Judge that hears his SS Disability claim doesn't have jurisdiction over his child support.... Child support remains under the jurisdiction of the divorce court or whatever court had jurisdiction of the paternity action if the parties were not married....

Pug said it better than I did in my earlier post....

You need to make sure that he understands that he will need to file a Petition to Reduce his child support immediately in the Court that retained jurisdiction in that matter.... The Court will, as Pug said, likely reduce his future child support obligation to the amount the child is receiving thru soc sec on his behalf....

 

[buddy]

He was hoping to be reimbursed for past child support, but since his inability to work had not yet been determined, the "order to pay" was and still is in effect.

He couldn't file a petition to have his child support payments reduced because his SSd hearing took forever to make it through the courts. From what he's been told, he will not be reimbursed for child support payments even though it may be proven he was unable work and provide an income for himself. Seems unfair.

 

[gardenweasel]

when you get dib(disab bens),you bens are computed based on different factors(quarters of coverage,earnings,age etc)....

your benefit will yield an amount for the prime number holder....and a family maximum...(the difference of which gets divied up for the kiddies).......

for instance...family max=$900...the number holder gets $600.....there are 2 kids... the $300 is split between the kids...$150 each...and the kids can never get more than 50% of the n/h`s benefit...

workers comp plays a part in reducing benefits in some instances..and it can get very complicated in certain states(like west virginia where they get black lung benefits and such)...

but,back to the main topic...if there`s a court ordered child support payment arrearage...social security can withhold the number holder`s benefits...

keep those child support payments current..