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    jstemartin's Avatar
    jstemartin Posts: 6, Reputation: 1
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    #1

    Nov 4, 2009, 06:49 PM
    Disability and Child support back pay?
    First off I live in KY. I was recently awarded my Social Secuirty disability. I have 2 children I pay child support on and it is current. I was awarded back to June 1 of 07. My children lived with me until July of 08'. Then I began paying my support. What I need to know is when my children are applied for there benefits from disabilty and awarded back pay will my ex get it all, or will I get it for the one year they were with me, and what about the support I have already paid, will it be deducted from the back pay and I get it back or will my ex just make out like a bandit and receive all of it and the support I paid, plus the back pay for the year the children was with me??
    N0help4u's Avatar
    N0help4u Posts: 19,823, Reputation: 2035
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    #2

    Nov 4, 2009, 06:58 PM

    You need to make them aware and remind Social Security that they were with you during that time. She should not be eligible for that time but they may over look it so it is best to make it a point to remind them
    jstemartin's Avatar
    jstemartin Posts: 6, Reputation: 1
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    #3

    Nov 4, 2009, 07:03 PM

    What about where my child support is current. Is she also going to get the back pay for that year and the child support that I have paid too??
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Nov 4, 2009, 07:04 PM

    He year they were "with you" was custody changed in the court and the other partner have to pay you support?

    If the children merely lived with you but the court order was still for you to pay support, you have to pay support for the time they were even with you, if the court order was not changed.
    jstemartin's Avatar
    jstemartin Posts: 6, Reputation: 1
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    #5

    Nov 4, 2009, 07:12 PM

    There was no court ordered child support until the childre left to go to their mothers. My child support is paid and current
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #6

    Nov 5, 2009, 07:47 AM
    Quote Originally Posted by jstemartin View Post
    There was no court ordered child support until the childre left to go to their mothers. My child support is payed and current

    If you are saying that you paid support without a Court Order that support is most likely going to be considered a "gift" and, no, it won't be paid back to you.

    Is that your question?
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