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marsha4jesus7 · Jun 25, 2008, 10:43 PM

I live in Texas and have been paying child support for my daughter to her uncles ex-wife and I am on disablility and the uncle is the representative payee of my daughter;s disability benefits. When I became disabled, I owed approximately one years worth of back child support totalling around $3,000. The Uncle received a lump sum payment for my daughter in the amount of 13,075 and has been receiving monthly checks of around $690 while the aunt receives the child support plus arrears. I am in a child custody case now and my disability is ending due to my employment. The aunt is going to go after my employment check. Should they not have to reimburse me for the overage they have acquired from them both receiving around $1000 a month between the two of them when my child support is only $150 a month?

N0help4u · Jun 26, 2008, 07:09 AM

What disability agrees to pay has nothing to do with what you owe or arrearages so no

ScottGem · Jun 26, 2008, 07:10 AM

I suggest you get a lawyer to rpepresent you to unravel this,

westnlas · Jun 26, 2008, 07:23 AM

I agree that whatever payments SSI makes to the custodian of a dependent is not yours. That money was intended for the upkeep of your dependent, you are not entitled to any of it since you didn't actually care for the child during this time. I don't think the court ordered child support payment amount has any bearing at all.

cdad · Jun 26, 2008, 04:43 PM

Originally Posted by marsha4jesus7

I live in Texas and have been paying child support for my daughter to her uncles ex-wife and I am on disablility and the uncle is the representative payee of my daughter;s disability benefits. When I became disabled, I owed approximately one years worth of back child support totalling around $3,000. The Uncle received a lump sum payment for my daughter in the amount of 13,075 and has been receiving monthly checks of around $690 while the aunt receives the child support plus arrears. I am in a child custody case now and my disability is ending due to my employment. The aunt is going to go after my employment check. Should they not have to reimburse me for the overage they have acquired from them both receiving around $1000 a month between the two of them when my child support is only $150 a month?

Yes they should repay you for any overages but its something the courts will have to straighten out. You need a lawyer for this. Parts of your story aren't making sense so you need to rethink it. CS at $150 a month takes a lot longer then a year to get to 13,000.

Since a lump sum payment was received for the arrears then you shouldn't have had to pay arrears so long as you were current.

N0help4u · Jun 26, 2008, 05:20 PM

Califdadof3 disagrees: in many states if someone receives a settlement for disability and that person owes arrears then yes it does count for that and is considered as payment. So there is a direct connection between the 2.

Originally Posted by califdadof3

CS at $150 a month takes a lot longer then a year to get to 13,000.

Since a lump sum payment was recieved for the arrears then you shouldn't have had to pay arrears so long as you were current.

Exactly why I think it depends on what he considers overages. Seems to me he is feeling as though they are not entitled to as much as ssd is qualifying them for with the child support already taken into consideration.