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Are Child Support Arrears Payable to a Child Who Receives SSI

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  • 04-24-2017, 12:15 PM
    Beth Mia
    Are Child Support Arrears Payable to a Child Who Receives SSI
    I live in NY. My ex rarely paid child support. He was 50,000 in arrears when my disabled daughter turned 21 , stopped receiving child support , and started receiving SSI.

    She now has her own apt. & for now, I have been living with her, acting as her aide. Her father has recently made a few sporadic CS payments.

    Who does that Arrears by law belong to? Her or I? This is for reporting purposes. Again, this is strictly arrears.

    Thank you in advance!

    Beth
  • 04-24-2017, 12:27 PM
    flyingron
    Re: I Have an Adult Child on Ssi. Who Are Arrears Paid to
    The arrearage does NOT belong to the child, which I suspect is what you really want to know.

    It belongs either to you or possibly to the state (if you got welfare payments or the like).
  • 04-24-2017, 12:32 PM
    Beth Mia
    Re: I Have an Adult Child on Ssi. Who Are Arrears Paid to
    Thank you, and no we do not get welfare but if the money belongs to me then I do not have to report that to SSI.
    It has nothing to do with her. I have been doing so anyway, just in case.
    That also means I do not have to put that on her tax return.
    Thank you very much!
  • 04-24-2017, 12:37 PM
    Mercy&Grace
    Re: I Have an Adult Child on Ssi. Who Are Arrears Paid to
    If you give her more than $20 of the money in any given month, it has to be reported to SSA. If she receives SSI she does not have to file a tax return because she does not have enough income. If you pay her rent, utilities or food expenses, that has to be reported to SSA.
  • 04-24-2017, 12:38 PM
    flyingron
    Re: I Have an Adult Child on Ssi. Who Are Arrears Paid to
    Correct, the money is not hers either as income (for taxes) or an asset (for SSI). As Mercy points out, any assistance you give her needs to be reported.

    On your own taxes, child support is not taxable, but interest on the arrearage is. It's not an issue until you actually receive it.
  • 04-24-2017, 12:43 PM
    Beth Mia
    Re: I Have an Adult Child on Ssi. Who Are Arrears Paid to
    Great! Thanks Mercy. They sent me a tax form. I was wondering what the need for that was. However I prefer to be safe then sorry! Thank you again!
  • 04-24-2017, 01:05 PM
    Mercy&Grace
    Re: I Have an Adult Child on Ssi. Who Are Arrears Paid to
    The people that sent the tax form have no way of knowing the total income of the person they are sending the child support to.

    "If you file a federal tax return as an “individual,” and your income is more than $25,000, you have to pay taxes." See Page 5 at the link below.

    https://www.ssa.gov/pubs/EN-05-10153.pdf
  • 04-24-2017, 01:06 PM
    Beth Mia
    Re: I Have an Adult Child on Ssi. Who Are Arrears Paid to
    Thanks for clarifying that F.I.
  • 04-24-2017, 01:08 PM
    llworking
    Re: I Have an Adult Child on Ssi. Who Are Arrears Paid to
    Quote:

    Quoting Beth Mia
    View Post
    Great! Thanks Mercy. They sent me a tax form. I was wondering what the need for that was. However I prefer to be safe then sorry! Thank you again!

    Who sent you a tax form? The SSA should have sent one to your daughter, not to you. Did someone else send you a tax form?

    Quote:

    Quoting Mercy&Grace
    View Post
    The people that sent the tax form have no way of knowing the total income of the person they are sending the child support to.

    "If you file a federal tax return as an “individual,” and your income is more than $25,000, you have to pay taxes." See Page 5 at the link below.

    https://www.ssa.gov/pubs/EN-05-10153.pdf

    That is not quite accurate. SSI is never taxable at all. SSDI and regular SS retirement benefits can be taxable, up to 85% of the benefit, if 1/2 of the benefit plus all of the rest of someone's income is above 25k.
  • 04-24-2017, 01:22 PM
    Mercy&Grace
    Re: I Have an Adult Child on Ssi. Who Are Arrears Paid to
    Quote:

    Quoting llworking
    View Post

    That is not quite accurate. SSI is never taxable at all. SSDI and regular SS retirement benefits can be taxable, up to 85% of the benefit, if 1/2 of the benefit plus all of the rest of someone's income is above 25k.

    Anyone that receives SSI monthly benefits does not have to file with the IRS because they do not have enough income. It is not the type of income that is received that determines if someone has to file with the IRS, it is the total yearly income and if they are an individual or married.
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