Social Security Disability AND Child Support

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Latest post 12-22-2010 8:00 AM by SSDI-CIB Expert. 14 replies.
  • 05-11-2010 8:21 AM

    Social Security Disability AND Child Support

    I've paid child support for the last 17 years, no problem. But, for the last 6 years, my daughters mother has been double-dipping and collecting $541.50/mo. from my Social Security Disability check AND $678.00/ mo. in disability benefits (on me) for my daughter, for a total of $1,219.50/mo. While all of this was going on, I've lived in poverty on $650 - $700/mo.

    When I brought this to the court's attention in February, a Florida judge immediately ordered that the garnishment of disability be stopped (I have all of the necessary documentation to back this up). I then filed a grievance with the SSA and told them I wanted my money back ($541.00/mo. x 6 years = over $41,000). Of course now, the SSA will not even return my phone calls.

    It is my contention that the Social Security Administration should have performed their due-diligence and had safeguards in place to prevent this from happening.

    Do I have a case, and if so, who would be willing to take-on the SSA?

  • 05-11-2010 8:24 AM In reply to

    Re: Social Security Disability AND Child Support

    No, until the order was changed, SSA did what it was supposed to be doing in accordance with it. Per your post the order was not changed until February of this year.

    If the order was retroactive, then you have to sue you ex for the money. But, CS orders seldom are retroactive.

  • 05-11-2010 8:44 AM In reply to

    • Drew
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    Re: Social Security Disability AND Child Support

    Laymans guess----if there is a case then its against EX not SSA.

    I'm not clear waht FL counts towards child support or what your order says, but if for example  disability paid to child is credited against you support due and say you owed $800/mo by order then your disability was garnished in excess of about $420/mo  and you over paid EX, and you need whatever steps are necessary in FL for her to begin paying you back for overpayments.

    Now how to squeeze blood out of a stone my be a different matter



  • 05-11-2010 11:14 AM In reply to

    Re: Social Security Disability AND Child Support

    No, that's not right, I don't agree. The SSA was paying double benefits on one case. The right hand should have known what the left hand was doing. Hence, the proper safeguards were not in place.

  • 05-11-2010 12:18 PM In reply to

    • Drew
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    Re: Social Security Disability AND Child Support

    Whether you agree on not I don't see it as a SSA problem .  The point you raise is that apparently Mom over collected IF by state law the disability paid to child was supposed to count as part of the CS you owed.  The SSA didn't attach your SSD payments, somebody else did!  I doubt SSA made a mistake, Mom may have made an intentional mistake or you missed the proper math--but it sure seems to me like YOU over paid and its your call to go get it back from Mom!  The math should be pretty straightforward--the collection may be a very daunting task!



  • 05-11-2010 1:32 PM In reply to

    Re: Social Security Disability AND Child Support

    Is it not apparent that since a judge immediately stopped the disability payments, that YES, by Florida law, the disability payments counted toward child support? Mom is still collecting the SS benefits. The disability payments were attached WAY before the SS benefits kicked-in! Therefore, the SSA should have flagged it as a double payment.

    I, my friend, didn't find out about the double payments until last January, 6 years after Mom started collecting 2 payments, so how could I have known this was taking place all this time? The SSA certainly didn't notify me of this, and why should she, she's living high-on-the hog off of me being crippled?

    And NO, MY math is right on point!

    If the SSA wants to go after her for the over-payments, then that's their perogative, but THE SSA owes me > $40,000, because it's their inefficiency that let this happen!

    This is just another example of a government agency that doesn't take responsibility for their lack of accoutability! 

  • 05-11-2010 1:45 PM In reply to

    • Drew
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    Re: Social Security Disability AND Child Support

    The equitable point is your EX got over paid and  the payments essentially got taken out of your hide--the SSA didn't overpay in total--it merely paid as was attached and as SSD for a child so indicate--you are the loser--its your ball--you get off your b--- and you go seek your money back--its your money! 

    I certainly follw that Mom got overpaid.

     

    I agree- the problem was not there staring you in the face for several years--but now that you know problem--its your job to go get it back--or kiss to goodby and watch her enjoy fruits of same. The chump play is to sit there and wait for SSA to go get it--won't happen!



  • 05-11-2010 1:51 PM In reply to

    Re: Social Security Disability AND Child Support

    What do you think I'm doing? I AM trying to get it back! I posted it on this forum trying to get a REAL lawyer to take this case. If this don't work, I'll go to plan A..B..or C!

  • 09-16-2010 7:44 AM In reply to

    Re: Social Security Disability AND Child Support

    I am in the same boat,,, MY ssdi starts in january 2011 1449.00 a month and my son will get 724.00 a month i have been to the circuit court clerks office trying to get the child support stopped completely since I am not in arrearage,, wondering what the next step should be!!!

    Any HELP would be greatly apprecieated

  • 09-16-2010 7:56 AM In reply to

    Re: Social Security Disability AND Child Support

    States use different calculations as to credit for derivative benefits a child is receiving.  You would need to file to modify your child support ( in January 2011) and according to how your particular state handles benefits,  your support would either be reduced or cancelled.

  • 09-16-2010 11:54 AM In reply to

    Re: Social Security Disability AND Child Support

    Ok, here's the skinny...When I found out how much me ex was getting in Social Security benefits (for my daughter) IN ADDITION to my monthly child support, I wrote a motion to the Family Court judge asking for a modification in child support. ( I had requested a copy of all of the Social Security benefits that she had collected so I could turn in to the court along with my motion.) When the judge saw this, she hit the roof and immediately turned it over to the states lawyers, who in turn, immediately turned it over to the local child support office.

    Within 30 days, there was a hearing scheduled in which the state of Florida (I'm in Oklahoma) child support office asked another judge to vacate the child support order. The judge agreed and also told me that I could go after her for any overpaid monies, but I would have to file that in another court.

    In short, Social Security benefits ARE child support. In January, ask that your child support order be vacated, but be sure to show all documentation from Social Security to the child support office or judge.

    Good luck buddy!

  • 09-16-2010 5:37 PM In reply to

    • Kivi
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    Re: Social Security Disability AND Child Support

    There is this legal saying that you have perhaps heard,

    "You snooze, you lose".

    I don't know why you waited so long to request a child support modification given the circumstances.

    But, at best, your legal recourse may be against your ex. Apparently, the judge told you exactly that. Social Security does not have the legal authority to modify a child support order issued by a state court. That is not their job. Many Social Security beneficiaries do have other income and could owe child support in addition to whatever child's insurance benefits the legal guardian might receive. It is NOT SSA's job to second guess what a family court decided.

     If SSA was served with a family court order directing it to deduct so much from your SSA payments for child support, that agency must do so. It will do so until it receives another court order modifying or cancelling the preivous order. That appears to be what happened albiet quite a few years later. SSA may also stop the payments if there is another  qualifying event occurs, such as the child reaching age 18, graduating from college, emancipation, etc.

    But, you are not going to get any money out of SSA. Judging from what the judge told you, you have to sue your ex. You also have the burden of collecting, in the event you obtain a favorable judgment against her. Getting that judgment may be less than half the battle. Collecting from a dried turnip could well neigh impossible.

  • 09-23-2010 12:15 PM In reply to

    Re: Social Security Disability AND Child Support

    All you do is to file a motion to modify your child support order immediately.  The SSA is handed-off on any child support matter.

  • 12-14-2010 6:13 PM In reply to

    Re: Social Security Disability AND Child Support

    i am going through something similar. the state of tennessee allows for credit to be applied to child support for auxiliary benefits received by the payee.

    if you have only 1 child, the auxiliary benefits may be more than enough to cover the child support payment however this does not preclude your child from receiving that benefit (it's there for your dependants not you- that's why it's called auxiliary)

    in my case i have 2 dependants that split that amount, $278 each and i am supposed to be responsible for the difference in the order. ($19)

    instead of performing the review when i reported my becoming disabled the state of tennessee entered and enforced a punitive administrative offset to collect my benefits as payment of arrears even though she has been receiving the auxiliary benefits. so, she ends up receiving $278 + $509 and i only get credit for $509 until the end of this month.

    beginning january i am to receive credit finally for the $278 and the payment amount was reduced to $465 for the arrears i incurred during the 7 years i fought for a review.

    i have no idea how to begin to rectify this, i can't afford food let alone treatment for my disability

     

  • 12-22-2010 8:00 AM In reply to

    Re: Social Security Disability AND Child Support

    Please give us your clear answers to the following questions"

    Which state issued your most recent child support Order?

    How old is this Order?

    We will figure out and then may give you some advices.

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