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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!

Fr_Chuck · May 1, 2012, 08:08 PM

So when the wages were reduced, did he go back to court and get the amount to be paid reduced due to the lower amount of wages. He was to get the child support amount changed,
He needs an attorney, it sounds like he did not do this properly when he became disabled.

debigee · May 1, 2012, 08:30 PM

Why would he ask for a reduction in child support when the SSDI is considered child support in IL and was higher than the amount first ordered. He didn't care that SSDI paid more, he just wanted it counted as child support.

debigee · May 1, 2012, 08:33 PM

So everyone understands, SSDI paid the money right to his ex for the child. Now the ex 12 years later wants not only the SSDI paid but the original amount ordered based on his earnings.

ScottGem · May 2, 2012, 03:45 AM

So, all you received was a call from this attorney, correct? So you tell this attorney if he calls again, that you have a letter from the Child Support agency that the case was closed with no balance owed. Also you seem to believe that SSDI would be counted towards support, do you have a cite to support that? If so, refer to that cite when you inform him of this fact.

Tell him that if he tries to pursue this in court, you will sue him and the ex for malicious prosecution.

This sounds to me like scare tactics. If the attorney felt he had a real case, he would have just filed in court instead of calling you first. However, if he does file, then you will need an attorney. The good news is, if the case is without merit (as it seems to be) then you can recover your court costs from the ex and the attorney.