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  1. #1

    Default Attorney Fees on a SSDI Award Applied to Child Support

    My kids mother applied for SSDI almost 3 years ago. She keeps getting denied. She had an appeals panel review the judges denial and they ruled that the judge didn't take into account any of her psych records or problems, which is odd because that's what she applied for. She is schitzoaffective and bipolar.
    She was a nurse before she fell apart so I'm guessing she will get close to maximum benefits once approved.
    It's my understanding that my kids will be able to collect as well, and binders binder sent me a packet to fill out (they live with me, she lost custody)
    So my question is; will me/my kids be eligible for back pay to the date of the claim? I know binder & binder take a cut of HER back pay, but will they also take a cut of whatever is awarded to my children?
    And also she owes me around 8000 in child support. Will the state take from her back pay what is owed to me? Like they do with tax returns?
    Sorry for the long read
    Thanks

  2. #2
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    Default Re: Binder and Binder

    Quote Quoting dead_onion
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    My kids mother applied for SSDI almost 3 years ago. She keeps getting denied. She had an appeals panel review the judges denial and they ruled that the judge didn't take into account any of her psych records or problems, which is odd because that's what she applied for. She is schitzoaffective and bipolar.
    She was a nurse before she fell apart so I'm guessing she will get close to maximum benefits once approved.
    It's my understanding that my kids will be able to collect as well, and binders binder sent me a packet to fill out (they live with me, she lost custody)
    So my question is; will me/my kids be eligible for back pay to the date of the claim? I know binder & binder take a cut of HER back pay, but will they also take a cut of whatever is awarded to my children?
    And also she owes me around 8000 in child support. Will the state take from her back pay what is owed to me? Like they do with tax returns?
    Sorry for the long read
    Thanks
    Generally, Social Security dependent benefits and back pay replace ongoing child support and arrears. Not always, but generally. Often the back pay and the ongoing benefits are greater than the child support owed. So, do not assume that you will get both the back pay for the children, AND the arrears she currently owes. Also do not assume that you will be collecting child support as well as the children's ongoing benefits.

  3. #3

    Default Re: Attorney Fees on a SSDI Award

    Yeah I'm sure the child support will be modified once the benefits start.
    I did a little research and found that the first 750 a month in her ssdi is clear of child support arrears, but any amount over that is subject to withholding.

    Though I don't understand why you feel that because I will get a backpay for the children that it will cancel the child support arrears that she owes me, which I think is around 7000

  4. #4
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    Default Re: Attorney Fees on a SSDI Award

    Quote Quoting dead_onion
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    Yeah I'm sure the child support will be modified once the benefits start.
    I did a little research and found that the first 750 a month in her ssdi is clear of child support arrears, but any amount over that is subject to withholding.

    Though I don't understand why you feel that because I will get a backpay for the children that it will cancel the child support arrears that she owes me, which I think is around 7000
    Because the back pay is specifically designed to replace support that the children should have received from the date mom became disabled (or whatever alternate date that the SSA decides is applicable). I have yet to see a judge not declare that SS children's back pay replaces arrearages owed on child support if the disabled parents asks for it...at least for the periods covered by the back pay.

    So, for an example, lets say that mom was supposed to pay you 500.00 a month from January 1, 2014 to the present date and she did not do so. Lets say that your children are mom's only children. Lets say that mom ends up getting 1200.00 a month in SSDI, which means that you will get 600.00 a month in children's benefits. You get back pay from June 1, 2014 to the present day. You would be unlikely to be entitled to 1100.00 a month (the 500.00 mom didn't pay plus the 600.00 a month that the SSA paid for those months). So arrearages from June 1, 2014 to the present day would likely be waived by the judge. However, the arrearages from January 1, 2014 to June 1, 2014 might not be waived because the back pay did not cover those.

    Again, the reason why you would get the children's back pay rather than mom getting the children's back pay, is to cover any arrearages from the period that the back pay covers.

  5. #5
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    Jun 2014
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    Default Re: Attorney Fees on a SSDI Award

    She will have to go to file a Modification Of Child Support Before there will be any changes in what the court has ordered her to pay. Do not assume that she will be receiving the max amount of benefits. Dependents receive half of what the disabled parent does divided equally between the children.

    If child support arrears are due and a garnishment has been issued, SSA may take the child support arrears from her back pay.

  6. #6
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    Default Re: Attorney Fees on a SSDI Award

    Quote Quoting Mercy&Grace
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    She will have to go to file a Modification Of Child Support Before there will be any changes in what the court has ordered her to pay. Do not assume that she will be receiving the max amount of benefits. Dependents receive half of what the disabled parent does divided equally between the children.
    Nobody is assuming how much she will get. I merely made up a number to show him how the calculation worked.

    If child support arrears are due and a garnishment has been issued, SSA may take the child support arrears from her back pay.
    They are able to do so, but will not if the children's back pay fully covers the arrearage for the designated months and mom asks the court to consider the children's back pay as covering the arrearage for the designated months.

  7. #7
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    Default Re: Attorney Fees on a SSDI Award

    llworking, I apologize. I was talking to the OP. He stated "She was a nurse before she fell apart so I'm guessing she will get close to maximum benefits once approved."

  8. #8
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    Default Re: Attorney Fees on a SSDI Award

    Quote Quoting Mercy&Grace
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    llworking, I apologize. I was talking to the OP. He stated "She was a nurse before she fell apart so I'm guessing she will get close to maximum benefits once approved."
    He isn't entirely off the mark. A nurse is certainly likely to have racked up a higher earnings record than many other jobs. However, I do agree that its probably not going to be maximum, or even that close to maximum.

  9. #9

    Default Re: Attorney Fees on a SSDI Award Applied to Child Support

    I don't think she has the foresight to ask the courts to not apply the arrears to her backpay.
    We went to court last week where she asked the judge to reduce child support and he refused. He just said to wait another 90 days. She didn't ask and he didn't say anything about the arrears. I'm guessing that when she is approved the arrears will just be garnished and that will be the end of it, at which point she will file a motion to modify her monthly payment

  10. #10
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    Default Re: Attorney Fees on a SSDI Award Applied to Child Support

    Quote Quoting dead_onion
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    I don't think she has the foresight to ask the courts to not apply the arrears to her backpay.
    We went to court last week where she asked the judge to reduce child support and he refused. He just said to wait another 90 days. She didn't ask and he didn't say anything about the arrears. I'm guessing that when she is approved the arrears will just be garnished and that will be the end of it, at which point she will file a motion to modify her monthly payment
    Well, I guess if you can live with getting money you are really not entitled to get, that is your business. I certainly couldn't live with myself if I took money from a disabled person that I was not entitled to get. However do not count on her not being advised by someone, somewhere that the children's back pay should be credited against the arrearage.

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