Results 1 to 7 of 7
  1. #1
    Join Date
    Feb 2016
    Posts
    3

    Default Can You Modify Child Support Based on Qualifying for SSDI and VA Disability

    My question involves a child custody case from the State of: Arizona


    I've been very recently approved for social security disability, and it appears that SSA diverted about $8000 of my retroactive pay to the state child support enforcement because that is what they currently have my arrears incorrectly calculated as. It should be closer to $5000 according to my former attorney. But that office still has not completed recalculating the arrears amount following the child support modification hearing.

    My question is this, if the child support enforcement office overpays the mother for arrears based on outdated calculation, how do I get back the overpayment from the mother. I doubt simply asking will do the trick.

    Do I ask for a hearing and ask the court to compel the mother to cough up the excess? Or something else?

  2. #2
    Join Date
    Oct 2006
    Posts
    15,934

    Default Re: Can You Modify Child Support Based on Qualifying for SSDI and VA Disability

    Quote Quoting beaurrr
    View Post
    My question involves a child custody case from the State of: Arizona


    I've been very recently approved for social security disability, and it appears that SSA diverted about $8000 of my retroactive pay to the state child support enforcement because that is what they currently have my arrears incorrectly calculated as. It should be closer to $5000 according to my former attorney. But that office still has not completed recalculating the arrears amount following the child support modification hearing.

    My question is this, if the child support enforcement office overpays the mother for arrears based on outdated calculation, how do I get back the overpayment from the mother. I doubt simply asking will do the trick.

    Do I ask for a hearing and ask the court to compel the mother to cough up the excess? Or something else?
    Are you on SSDI? If so has mom signed up to receive the child's benefits? The child's benefits really should have been applied towards the arrears before any of your back pay got applied.

  3. #3
    Join Date
    Feb 2016
    Posts
    3

    Default Re: Can You Modify Child Support Based on Qualifying for SSDI and VA Disability

    Quote Quoting llworking
    View Post
    Are you on SSDI? If so has mom signed up to receive the child's benefits? The child's benefits really should have been applied towards the arrears before any of your back pay got applied.
    Yes, it is SSDI. I just found out the backpay is on its way to me. I told her to go to SSA and apply for dependent benefits. I couldn't find any information how backpay is applied to arrears.

  4. #4
    Join Date
    Oct 2006
    Posts
    15,934

    Default Re: Can You Modify Child Support Based on Qualifying for SSDI and VA Disability

    Quote Quoting beaurrr
    View Post
    Yes, it is SSDI. I just found out the backpay is on its way to me. I told her to go to SSA and apply for dependent benefits. I couldn't find any information how backpay is applied to arrears.
    What you need to do is to go to court and petition that the child's SSDI replace your child support, and that the child's back pay gets applied to your arrears. You probably should have done that sooner, but at least do it now.

  5. #5
    Join Date
    Jun 2014
    Posts
    3,128

    Default Re: Can You Modify Child Support Based on Qualifying for SSDI and VA Disability

    Usually when child support is in arrears, they will take it out of the backpay. Some Judges will allow what they child receives in dependent benefits to be all the child support and some will want the parent to pay an additional amount. It is on a case by case basis and up to the child support Judge. But, you do have to file a Modification For Child Support and go to court.

  6. #6
    Join Date
    Oct 2006
    Posts
    15,934

    Default Re: Can You Modify Child Support Based on Qualifying for SSDI and VA Disability

    Quote Quoting Mercy&Grace
    View Post
    Usually when child support is in arrears, they will take it out of the backpay. Some Judges will allow what they child receives in dependent benefits to be all the child support and some will want the parent to pay an additional amount. It is on a case by case basis and up to the child support Judge. But, you do have to file a Modification For Child Support and go to court.
    It really depends on how many children are sharing the benefit. If someone has only one child then the child receives 50% of what the parent receives, therefore there is no way that a judge would order that more be paid out of the parent's share. If there are multiple children then its more likely that a parent might have to pay out some more, but it really is still pretty unlikely.

    Where its the most likely is when there are multiple children and all of the other children live with the disabled parent, therefore their benefits are part of the household income, and the child being supported therefore receives only a small amount.

  7. #7
    Join Date
    Feb 2016
    Posts
    3

    Default Re: Can You Modify Child Support Based on Qualifying for SSDI and VA Disability

    Here's an update:
    I learned today that DCS has completed the arrears calc and it is $3700, not $7800 that they had originally. I also learned that DCS received $6000 from my SSA backpay, from which they intend to pay the custodial the $3700, then refund me the difference.

    Also, she said that when the custodial starts getting the derivative monthly benefit, I need only present evidence to DCS and they will offset the child support obligation administratively. So, no court action needed there.

    But my understanding it that the arrears can be satisfied by the backpay received by the custodial parent instead from my backpay. But neither DCS nor SSA could tell me much about that.

    The custodial has not received any money from SSA since she has not yet signed up.

    Can the SSDI backpay paid to the custodial parent be used to satisfy my $3700 arrears instead of it coming from my backpay? The DCS caseworker seemed to think SSA would handle that, which seems unlikely.

    1. Sponsored Links
       

Similar Threads

  1. Spousal Support and Alimony: When Can You Modify Spousal Support Based on Changed Circumstances
    By exwa in forum Divorce, Annulment and Separation
    Replies: 9
    Last Post: 07-02-2014, 11:46 PM
  2. Support Arrears: Can You Modify Arrears Based Upon a Recalculation of Support
    By superhawkmike in forum Child Custody, Support and Visitation
    Replies: 21
    Last Post: 03-27-2014, 07:01 AM
  3. Modification of Support: Can You Modify Support if You're on Disability
    By djjday32 in forum Child Custody, Support and Visitation
    Replies: 9
    Last Post: 02-13-2014, 07:58 AM
  4. Modification of Support: Child Support Based on Fathers' SSDI
    By aniek in forum Child Custody, Support and Visitation
    Replies: 4
    Last Post: 11-27-2013, 12:09 PM
  5. Child Support Based Off Fathers' Social Security Disability, Is My Child Eligible?
    By mommyofone in forum Child Custody, Support and Visitation
    Replies: 3
    Last Post: 04-16-2008, 03:28 PM
 
 
Sponsored Links

Legal Help, Information and Resources