My ex-husband was recently approved for SSDI benefits, beginning Dec. 2008. He has another child from a previous marriage, who turned 18 in Jan. 2010. He also has a step-daughter from his current marriage, but he never listed her on his original SSDI application, so she will not be eligible for back-payment, according to the SSA agent I talked to today. He is up to date on all of my son's child support payments.

My question is, am I going to have to return any money that I received from friend of the court for child support from Dec. 2008 until now, since his SSDI dates back until then? Do I have to pay back friend of the court from my son's back-payments he will be getting from SSDI from Dec. 2008 to date?

I believe that my son's benefit from SSDI from Dec. 2008 until now is going to be more than what he was receiving for child support.

The SSA agent said they do not deal with FOC at all, and my FOC office could not answer this question and the finance specialist for FOC was not available to talk to. Yet my ex-husband stated that SSDI sent 32,000 to FOC in case he was owing back child support, which he was not. He is under the impression that it is up to me to return all the child support that he was paying to FOC once I get the back payment check from SSI. If so, how long will I have to pay the money back?

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Originally Posted by bitsyshark

My ex-husband was recently approved for SSDI benefits, beginning Dec., 2008. He has another child from a previous marriage, who turned 18 in Jan., 2010. He also has a step-daughter from his current marriage, but he never listed her on his original SSDI application, so she will not be eligible for back-payment, according to the SSA agent I talked to today. He is up to date on all of my son's child support payments.

My question is, am I going to have to return any money that I received from friend of the court for child support from Dec. 2008 until now, since his SSDI dates back until then? Do I have to pay back friend of the court from my son's back-payments he will be getting from SSDI from Dec., 2008 to date?

I believe that my son's benefit from SSDI from Dec., 2008 until now is going to be more than what he was receiving for child support.

The SSA agent said they do not deal with FOC at all, and my FOC office could not answer this question and the finance specialist for FOC was not available to talk to. Yet my ex-husband stated that SSDI sent 32,000 to FOC in case he was owing back child support, which he was not. He is under the impression that it is up to me to return all the child support that he was paying to FOC once I get the back payment check from SSI. If so, how long will I have to pay the money back?

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Unless the court order was modified, your ex still owed you child support. If he didn't petition the court to amend child support, then he can't demand that you repay anything. It's up to him to petition to get the order changed.

I find it highly unlikely that SSDI sent the court $32,000 "just in case" he was in arrears. Does he think you're stupid? I could see a few thousand - MAYBE. But not that lump sum of money without any confirmation as to whether he was actually in arrears.