debigee
May 1, 2012, 07:34 PM
My husband had a child support order to pay a set amount, it was not a % amount. In the order it states that if his employer fails to withhold and send the child support, he is suppose to continue paying child support to his ex. So, my husband had a work injury and ended up physically and mentally disabled. He was an in patient in a mental hospital and out patient for years. So, I helped him apply for SSDI. He received the SSDI. Since the orders stated in the divorce that he was to notified the Clerk of Courts when his employer had changed, and give them the address. We sent a certified letter to the Clerk of Courts and also to his ex wife. She received 2 1/2 times the original child support order directly from SSDI from 2002 to 2008. When the child became 18 and out of school, we called Child Support to see if there was any money owed. We were told that the case was closed and no child support was owed. We asked for a letter stating this for our records and received this. Now, in 2012, we received a call from an attorney she just hired. The child is now 23. His ex claims that the SSDI benefits were a "gift" and that now he owes her back child support plus 91/2 % interest. She also claims arrears were also owing in 1999, 2000, and 2001. According to her attorney a 20% one time late fee is also owed and his "future" attorney fees of $350.00. The attorney has a rough estimate of $54,000.00 He claims that she can garnish his SSDI benefits at 60%. I am also disabled and without my husband's SSDI, we will lose our home, and not make our basic needs. We have been married 20 years. He was only married to her 3 years, living with her only 2 of those. Her attorney told me she waited until she had a nice little "nest egg" with the added interest. He plans to file to collect.. So since my husband did not file for an amended to reduce his child support because SSDI became his new payer, how can he object to the SSDI not being considered child support? In the state of IL it is considered child support. Also, if he was not capable of even making decisions (medically documented) then how could he even amend or hire an attorney 12 years ago? HELP!