Please help me understand this, okay? My son is 6 years old, his dad has not helped raise him since he was born. He recently got Social Security benefits, and I signed up to be C's payee. The back pay for Social Security went to his father instead of me, I then had his father send it to me. (It was was $218.00 short.) He has a daughter from a previous marriage. He got the same amount for her, but then he went and filed a motion with F.O.C. and got all of his arrears and child support taken away.
By Sarah C.
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Deal directly with Social Security as they know what the rules are.
The Social Security back pay, could have made up for the arrears in child support. The best thing for you to do is consult your child support collection office. As far as paying child support goes, no matter who is getting a social security check for a child, the absent parent should still feel obligated to pay child support; they are responsible for their child - not the government.
Another way the absent parent should look at it is the child receiving a social security check and continued child support is it would make the child's life a little easier. I don't know how a child would get a social security check unless the child was disabled or it was survivor's benefits. But it could be that if the father's social security is for disability that the child would get a check too.
Has the child support enforcement office told you that support payments have stopped or is this just what you "ex" has told you? If this is true it could be possible that his monthly allotment isn't large enough to make the payments. If he does have to continue paying child support you should get it garnished from his checks. But talk to your child support office and your case manager there.
Well, I assume when you say F.O.C. you mean Friend of the Court and this means your ex has a court decision against you in your case. So there be more to this than you have explained. If so then you need the advise of your attorney to try to have this judgement reversed.
Hi - I do not believe you will be able to receive legal advise from Thrifty readers as we certainly do not know all of the facts and could not give advise even if we did have all the particulars.
Most answers may be biased for many reasons so they may or may not "feel" that your ex-husband? should have to pay support whether he can afford it or not.
If you are receiving SSI for yourself and your child then the government gave you this without knowing anything about any other support you may have been getting for your child.
That means the government feels this amount is sufficient to take care of you and your child. I do not mean that it IS sufficient, only that many people do have to live on this amount and feel fortunate to receive it. You do not say what your disability is so no one can know your capabilities. We also do not know the cost of living in your area.
It appears your husband is drawing SSI also? For him and his daughter?
It appears the FOC decided to make his ex-wife continue support (did they reduce it?) so they did feel he needed it in addition to the SSI benefit. Support is not based solely on the amount due from the ex-wife but also on how MUCH money she makes and can afford to pay.
I believe that SSI decided your ex-husband should not (and did remove his past due support charges) have to pay because you received payment from the government for that period of time.
You really need to find an attorney (with SSI you will get an attorney free of charge - but - they may not be in your area).
You will have to see if the court feels you need support from him and it will be based on his income (the age of his daughter may also be considered - did he have this daughter before or after your son was born?) and his child support from his other ex-wife may or may not be considered.
This was long but I work in this field and I just wanted you to know that only an attorney can really help with this type of problem.
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