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-   -   Non custodial Parent's SSDI Back Pay (https://www.askmehelpdesk.com/showthread.php?t=595389)

  • Sep 1, 2011, 11:56 AM
    ourana
    Non custodial Parent's SSDI Back Pay
    I have a court order against the non custodial parent and he now owes a sum of 50.000. I have not collected any child support in three years and we just recently went to court, where I was informed he was collecting SSDI, and that he protected my son and his other child on the ssdi app. Come to find out he did not include my son... just his other child... which all the back pay went to her and my son got nothing... first I was told from the SS office that because he did not secure my child on the app. They could only go back 12 months, now their saying there will be no back pay awarded because he protected his daughter on the ssdi app. Can they do that? That seem extremely unfair, he has only two children with my son being the oldest, and he seems to have lied in court by telling everyone that he did include my son... I have been awarded monthly childsupport from his SSDI which is less than the court order... something doesn't seem right.. any help!
  • Sep 2, 2011, 05:36 AM
    RavenWolf1
    Contact an attorney. I believe as long as you have a court order for child support and you have continued to provide information to SSDI regarding the fact that he paid, didn't pay... etc. and as long as you are willing to pursue the matter, and have pursued the matter, I believe he MUST pay. Stay on top of it. I still have not collected a full year of child support and I have been divorced for 15yrs. But... that does not mean he can neglect his duty and responsibility to your child. NOTE: According to the paw in my state, the state can only withhold 20% of his income. So don't expect the full payment if he's not making a lot of money. Your child will most likely only receive 10 of that 20%. Get a court order if you don't already have one.

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