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  1. #1
    Join Date
    Aug 2012

    Default Retroactive SSDI and Child Support Arrears

    My question involves child support in the State of: New Jersey. My children have just recieved a retroactive lump sum payment from social security of $11,000 because my ex-husband was just approved for ssdi. He also owed almost $10,000 in child support arrears. I have recieved the entire arrears amount also. I'm guessing they garnished my ex's lump sum for his support arrears. My question is, are my girls entitled to both amounts? I was told by probation that he cannot apply retroactive lump sum payed to my children toward his child support arrears, only that he can put in a motion to have future child support payments offset. I just dont want to have to worry about paying the $10,000 back

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Retroactive SSDI and Child Support Arrears

    Based upon the facts you've shared so far, the authority I'm seeing says that the lump sum should be applied to the arrears. Perhaps there are additional facts, of which we're presently unaware.
    Quote Quoting Labrosciano v. Labrosciano, 426 N.J. Super. 252, 43 A.3d 1260 (2011)
    [I]f the lump-sum payment covers a period when there is a court-ordered child support obligation, and the non-custodial parent failed to pay and thus accrued arrears during that period, “the receipt by the [custodial parent] of the lump sum payment is equitably required to be deemed in full satisfaction of any outstanding obligation of [the non-custodial parent] which had accrued.” Potter [v. Potter, 169 N.J.Super. 140, 149 (App.Div.1979)].

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