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twix128 · Jul 5, 2009, 01:51 PM

My dad is disabled and child support and disabilty have been taking money out of his ssd check every month for my sister and I, but being in foster care there has been no payee for either of these for the past several years. I'll be 18 this year and my dad told me I could collect the money that's been accumulating since I've been in this system as back pay. Does anyone know if this is true or how I would go about it?

s_cianci · Jul 5, 2009, 01:55 PM

If payments have been withheld from his SSD then they should have gone to your custodial caregiver on your behalf. If all of this money is unaccounted for (after coming out of your father's SSD) then your custodial caregiver or foster care caseworker should contact whatever agency in your state is responsible for child support collections and disbursements and attempt to find out where all that money's gone.

twix128 · Jul 5, 2009, 02:06 PM

So far it is unaccounted for because there is no payee. The state doesn't apply to collect, however if someone else applies to be the payee while a child is in foster care the state intercepts it and takes everything. So if the money is coming out of his check does it just sit in an account somewhere waiting to be signed for?

s_cianci · Jul 5, 2009, 02:15 PM

Possibly. It's hard to say for sure. But it sounds like you're dealing with a rather strange system there. If your father was ordered to pay child support, via SSD garnishment, then there'd have to be an obligee (your father would be the 'obligor') who is designated to receive payments on your behalf. Normally that obligee (or, as you're calling it, "payee") would be your primary caretaker ; in your case, if I understand your post correctly, that'd be your foster parent(s). After all, it defeats the purpose of child support to have the money garnished from your father's income only for the state to sit on it as that doesn't do you much good.

twix128 · Jul 5, 2009, 02:23 PM

My mother used to collect the money, but after we were taken from her the payments stopped going to her and no one applied to take them over. And my foster parents had previously attempted to apply for other children's benefits but the state told them they couldn't because they weren't guardians and took it instead.

twinkiedooter · Jul 5, 2009, 03:22 PM

Please go down to the Social Security office and speak with a representative in person BEFORE you turn 18 otherwise you may forefeit any monies due to you. The State may have intercepted the money and used the money to pay towards your foster care. The folks down at Social Security will be able to investigate this and advise you just where the money went. Don't call them up. Go in person.

cdad · Jul 5, 2009, 04:44 PM

Also if a parent is receiving SSD the child / children should also be drawig from it so long as the benefit level was reached in the first place. You need to check that out because it shouldn't just be part of his SSD. Also why isn't he taking care of you ?

stinawords · Jul 5, 2009, 08:29 PM

You can contact the ss office as mentioned but I would bet the government intercepted it because they pay fosterparents a certain amount of money each month so any support collected would be used to pay back the government. It is the same with people collecting cash assistance from the government they forefit child support in order to receive the cash from the government.