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lpackard708 · Jul 28, 2011, 07:40 PM

I am the non-custodial parent living in Illinois & having a child support case in CA which started in 1998. I filed for Soc.Sec. Disability in Illinois, was approved in 2006 and awarded 5 years of retroactive benefits. My child received a lump sum check based on my retroactive benefits and has also getting a check each month for the past 6 years. Should IL Social Security Admin. Have sent the check directly to her? Should it have gone to the Calif. Child Support authorities via the SSA? Shouldn't the Custodial Parent have reported the income to CA Ch. Support? And, shouldn't I receive a dollar-for-dollar credit? What are my options?

ScottGem · Jul 29, 2011, 03:35 AM

Yes the support checks should go to the child or custodial parent. SSI is separate from Child support so there is no way it would go through the support process.

SSI is not a replacement for child support. What you should have done is go back to court for a modification of the support order due to change in income. Its probable that the amount of support would be reduced or offset by the SSI. I also see no requirement that the SSI be reported to CA Child Support. That's your responsibility when filing for a modification.

Fr_Chuck · Jul 29, 2011, 05:05 AM

Agree with Scott SSI is not child support, you still owe the child support on top of any SSI payments that were made.

Also I will assume you went back to court when your income lowered to have the child support lowered to reflex your new income

lpackard708 · Jul 29, 2011, 08:55 AM

To answer both you and Scott, first, thank both of you for your help. The moneyis from soc. sec. disability so my understanding was that it is classified differently (as income). I agree it's not child support, but it's stated in all of the documents from CA child support & court docs. To report all income/changes in pay. As of now I have not gone back to court, but as of 2 weeks ago I have a case worker from the child support dept. working on this issue as we speak.

Fr_Chuck · Jul 29, 2011, 06:02 PM

The money that goes to the child is not your income and to my knowledge is not reported as such for you

cdad · Jul 29, 2011, 06:56 PM

As of now I have not gone back to court, but as of 2 weeks ago I have a case worker from the child support dept. working on this issue as we speak.

What have they filed so far in your case?

lpackard708 · Jul 29, 2011, 10:59 PM

I'm in agreement that the monies should go to my daughter & in addition to the lump sum check she gets a check each month from Social Security and a child support check each month from my military retirement/disability. Through bits and pieces of information that I have gathered, the Social Security Disability Insurance(SSDI)that my child gets each month and the child support check, counts as income in her household under Calif. Law. Income falls under IRS regs. And taxes should be filed on received income. All income/changes in income has to be reported to the Calif. Child support agencies. If I were getting Social Security Insurance(SSI no one would be able to garnish/Levy it as I understand it is not subject to the same regs. As SSDI. With that said I don't believe that she filed taxes on it either.

lpackard708 · Jul 29, 2011, 11:03 PM

Since e/thing is just getting started it's hard to say and I haven't received an answer on a/thing yet. I sent papers to them that I got from CA ch. Spt. div. but nothing yet.

lpackard708 · Jul 29, 2011, 11:04 PM

Ooops! I meant papers from Soc. Sec. Admin.

lpackard708 · Jul 29, 2011, 11:11 PM

No it's not credited as income for me but her & because there is additional income in her her I'm under the understanding that it is to reported to CA ch. Spt. div. & that I am to get a dollar per dollar credit for the money she got from me based on my soc. sec. record of pay.

lpackard708 · Jul 29, 2011, 11:12 PM

I'm in agreement that the monies should go to my daughter & in addition to the lump sum check she gets a check each month from Social Security and a child support check each month from my military retirement/disability. Through bits and pieces of information that I have gathered, the Social Security Disability Insurance(SSDI)that my child gets each month and the child support check, counts as income in her household under Calif. Law. Income falls under IRS regs. And taxes should be filed on received income. All income/changes in income has to be reported to the Calif. Child support agencies. If I were getting Social Security Insurance(SSI no one would be able to garnish/Levy it as I understand it is not subject to the same regs. As SSDI. With that said I don't believe that she filed taxes on it either.

cdad · Jul 30, 2011, 03:18 AM

Has your caseworker for child support filed for a reduction / increase yet with the courts ?

What have they said to you ?

ScottGem · Jul 30, 2011, 04:47 AM

First, when posting a follow-up question or info, please use the Answer options at the bottom of the page rather than the Comments.

What the mother does with her income taxes is her affair. It affects you only if she is using her returns to show income in your support case. So if she presents her returns and you see the income not reported, you can say something.

Where are you getting the info that you would get a dollar for dollar credit? Can you cite any specific law or reg?