Results 1 to 7 of 7
  1. #1
    Join Date
    Nov 2013
    Posts
    4

    Question Is a 'Lump Sum' Payment Considered to Be an Asset or Income

    My question involves child support in the State of: New York

    I am a non-custodial parent of two minors with a (temporary) child support order of $25.00 monthly (because my income was below the NYS self-support reserve). There are no child support arrears due as I am current on payments and am fulfilling my support obligation.

    I applied for SSDI benefits and starting December 2013 I will begin receiving a benefit of $1168.00 monthly.

    SSA provided me a back payment in November 2013 for money I was due from January 2012 through October 2013.

    Is this 'lump sum' back payment received in November 2013 considered to be an asset? Or is it considered income and therefore subject to retroactive support for the period January 2012 through October 2013?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is a 'Lump Sum' Payment Considered to Be an Asset or Income

    Quote Quoting kryten
    View Post
    My question involves child support in the State of: New York

    I am a non-custodial parent of two minors with a (temporary) child support order of $25.00 monthly (because my income was below the NYS self-support reserve). There are no child support arrears due as I am current on payments and am fulfilling my support obligation.

    I applied for SSDI benefits and starting December 2013 I will begin receiving a benefit of $1168.00 monthly.

    SSA provided me a back payment in November 2013 for money I was due from January 2012 through October 2013.

    Is this 'lump sum' back payment received in November 2013 considered to be an asset? Or is it considered income and therefore subject to retroactive support for the period January 2012 through October 2013?
    Since this is SSDI your children will also be eligible for benefits and for a lump sum retroactive amount also. The custodial parent should be their rep payee.
    However no, the courts won't re-calculate child support retroactively. If you petition the courts, they should rule that the children's benefits replace child support. That is standard.

  3. #3
    Join Date
    Nov 2013
    Posts
    4

    Default Re: Is a 'Lump Sum' Payment Considered to Be an Asset or Income

    Thank you for your prompt answer, I have a follow up question:
    Will the SSA notify my ex-wife automatically of our children's eligibility for SSDI auxiliary benefits, or is that something that I or my attorney would do?

    Or is that a question for a different forum?

  4. #4
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is a 'Lump Sum' Payment Considered to Be an Asset or Income

    Quote Quoting kryten
    View Post
    Thank you for your prompt answer, I have a follow up question:
    Will the SSA notify my ex-wife automatically of our children's eligibility for SSDI auxiliary benefits, or is that something that I or my attorney would do?

    Or is that a question for a different forum?
    No, the SSA will not inform your ex-wife about your children's benefits. If you are behaving completely on the up and up you would have included your children in your SSDI application and indicated that they were in the primary custody of your ex-wife so that she would automatically receive their benefits. In other words, you could either have set it up yourself that your ex-wife would receive your children's benefits, or you could inform your ex-wife so that she can make that application herself.

    Hopefully you did not include your children on your application without disclosing that your ex-wife had primary custody...because that WOULD come back to bite you in the butt.

  5. #5
    Join Date
    Nov 2013
    Posts
    4

    Default Re: Is a 'Lump Sum' Payment Considered to Be an Asset or Income

    I included the children on the application and indicated that I did not have primary custody. What is strange to me is that when I received my award letter there was no mention of the children also no mention of them on my SSA web account.

  6. #6
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Is a 'Lump Sum' Payment Considered to Be an Asset or Income

    Quote Quoting kryten
    View Post
    I included the children on the application and indicated that I did not have primary custody. What is strange to me is that when I received my award letter there was no mention of the children also no mention of them on my SSA web account.
    You need to inform your ex so that she can file for the children's benefits.

  7. #7
    Join Date
    Nov 2013
    Posts
    4

    Default Re: Is a 'Lump Sum' Payment Considered to Be an Asset or Income

    Yes, planning on it. Thank you for you help.

    1. Sponsored Links
       

Similar Threads

  1. Overpayments and Lump Sump Payment
    By IndigoBlu79 in forum Worker's Compensation
    Replies: 1
    Last Post: 08-03-2011, 08:33 AM
  2. Disability Benefits: Is a Life Estate Considered an Asset for Parental Deeming?
    By MRK95 in forum Social Security Law
    Replies: 3
    Last Post: 10-12-2008, 06:57 PM
  3. Chapter 13: Proceedings of a Lump Sum payment
    By DoublePlay in forum Bankruptcy Law
    Replies: 4
    Last Post: 03-05-2007, 10:29 AM
  4. Disability Benefits: Lump Sum Payment Went To SSI
    By kattydidc in forum Social Security Law
    Replies: 2
    Last Post: 02-22-2007, 09:22 AM
  5. Debt Collectors: Lump Sum Payment on Hospital Bill
    By jadynbird in forum Debts and Collections
    Replies: 1
    Last Post: 08-10-2006, 08:32 PM
 
 
Sponsored Links

Legal Help, Information and Resources