Results 1 to 5 of 5
  1. #1
    Join Date
    Mar 2012
    Posts
    2

    Default SSDI and Child Support Arrears

    My question involves child support in the State of: Texas. In June, I finally received my SSDI as well as the lump sum. I hired an attorney since I had really been shafted in the past by not being able to do so, but this hasn't seemed to go my way either! My x filed for the lump sum for my children, but waited to do so after the youngest had turned 18. Since that being the case, the $$ went to the children and not the X. The OAG in Texas stated that unless the lump sum went towards the custodial parent that it wouldn't be applied to the arrears. My attorney hasn't given much hope in having the $$ applied towards the arrears which would more than cover what the arrears were! My x has routinely "worked" the system to have this arrearage in place to give her a nest egg after she no longer receives the child support. She refused to attend court scheduled mediation to modify the monthly amount (on 2 separate occasions) although she was fully aware of my financial situation, stating that why should she attend when she was only going to lose $$ by doing so?! I was able to get the monthly amount modified back in Novemeber of 2010, but that was after almost 2 years had passed without modifications to the monthly amount and arrears piling up! I am not sure if I should find another attorney who has dealt with SSDI and child support? If I do start all over again will I even have a chance of getting these arrears erased? Apparently in other states this has been the case, but in Texas no such law is on the books. Doesn't Federal law trump state? I am very frustrated and need some advice!!!

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    73,775

    Default Re: SSDI and Child Support Arrears

    Child support is payable to the parent, not to the children. A payment to a child thus won't be credited toward arrears.

    A court can modify support retroactively to the date of your petition, so if you wait a long time to file for a modification it won't affect your past arrears. The other parent's delays won't affect the date of your petition, so the relief at the end of that process (what you achieved in November, 2010) was likely the same result you would have obtained had the case been heard earlier.

  3. #3
    Join Date
    Mar 2012
    Posts
    2

    Default Re: SSDI and Child Support Arrears

    I have seen cases all over various forums where it was? I also have been reading other case law where ssdi has been credited dollar for dollar. So, let me clarify, you are saying that it is your belief that there is nothing that can be accomplished in our favor in this matter? Not even a modification based on my husband's new income amount?

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    14,039

    Default Re: SSDI and Child Support Arrears

    So whom do you think the childrens expenses, when you were not paying child support? Yeppers!!! Mom was. That is why she is entitled to reimbursement for the money she spent.
    With enough thrust, pigs fly just fine.
    You may believe that you understood what you think I said. I'm not sure you realize that what you heard is not what I meant.

  5. #5
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,637

    Default Re: SSDI and Child Support Arrears

    Quote Quoting movielover
    View Post
    I have seen cases all over various forums where it was?
    How... nice?
    Quote Quoting movielover
    I also have been reading other case law where ssdi has been credited dollar for dollar.
    Share the citations for the cases.
    Quote Quoting movielover
    Not even a modification based on my husband's new income amount?
    If your spouse qualifies for a modification of support going forward, he may petition for a modification of support going forward. What he can't do is get a retroactive modification based upon his present income.

    1. Sponsored Links
       

Similar Threads

  1. Disability Benefits: SSDI and Child Support
    By stratus in forum Social Security Law
    Replies: 1
    Last Post: 02-29-2012, 09:17 PM
  2. Child Support After Going on SSDI
    By pattie7399 in forum Child Support
    Replies: 2
    Last Post: 01-27-2010, 02:12 PM
  3. SSDI and Child Support
    By babbagene in forum Child Support
    Replies: 1
    Last Post: 08-21-2009, 04:01 PM
  4. Support Arrears: Child Support Arrears and SSDI
    By mykidzmom in forum Child Support
    Replies: 3
    Last Post: 06-20-2008, 11:34 AM
  5. Disability Benefits: Child Support and SSI / SSDI
    By I Need SSI / SSDI in forum Social Security Law
    Replies: 1
    Last Post: 10-17-2005, 09:55 AM

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
 
Forum Sponsor
Custody Lawyer
Get help for your custody case. Consult a divorce lawyer for free.




Untitled Document