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deeregirl39 · Jun 27, 2010, 02:40 PM

If a parent is behind on child support for 2 years and the other parent has been supporting the child 100%.the father and son got a backpayment check he was 7000 behind in arrears .he got a lawyer and had the courts use the child's backpay to cover his 7000 in arrears.why can he keep his but the child has to use his to cover the 7000 his father was behind on to start with.looks like the child lost to me.ss told me the father had to pay the arrears out of his check not the sons.they said the child was disable the minute his father became disable.a person from his school and her church got xmas for him because I didn't have the funds.I have used all my savings the last 2 years paying,rent,food,clothing and etc.

JudyKayTee · Jun 27, 2010, 02:44 PM

I don't understand the situation.

You are the custodial parent of a child; you have a support order but the other parent (the father) did not pay for over two years; he has now received retroactive benefits from SSI; the retroactive benefits awarded to the child are instead of the child support which was not paid?

If the father owed $7,000 in child support he owed just that amount whether he paid the money or SS or someone else paid the money. The child cannot "double dip" - collect both from the father AND from SS.

Is that what you are asking?

ScottGem · Jun 27, 2010, 02:46 PM

Let me see if I understand this. The father got a $7000 check for back SSDI pmts. The son also got a check for the same amount. You are saying the father got a court to agree to apply the sons check against the father's arrears?

deeregirl39 · Jun 27, 2010, 02:56 PM

Originally Posted by ScottGem

Let me see if I understand this. The father got a $7000 check for back SSDI pmts. The son also got a check for the same amount. You are saying the father got a court to agree to apply the sons check against the father's arrears?

He got approved in jan'10,his father got a backpay for 19 months our son got one for 15 months.his father was behind 7000 in support... ss took the arrears out of fathers check to send to me... but he got a lawyer and the lawyer had the judge consider the backpay my son got to be considered as the arrears his father owed.so not instead of the check coming to me like ss told me it would the father is going to get it and the court dropped his arrears as 0.00000.I have 10 days to appeal,but not sure if I stand a chance to get it.if the father had 9000 to paid for all the lawyers why couldn't he just pay the 7000 in arrears and be done.

deeregirl39 · Jun 27, 2010, 03:01 PM

Originally Posted by JudyKayTee

I don't understand the situation.

You are the custodial parent of a child; you have a support order but the other parent (the father) did not pay for over two years; he has now received retroactive benefits from SSI; the retroactive benefits awarded to the child are instead of the child support which was not paid?

If the father owed $7,000 in child support he owed just that amount whether he paid the money or SS or someone else paid the money. The child cannot "double dip" - collect both from the father AND from SS.

Is that what you are asking?

He got approved in jan'10,his father got a backpay for 19 months our son got one for 15 months.his father was behind 7000 in support... ss took the arrears out of fathers check to send to me... but he got a lawyer and the lawyer had the judge consider the backpay my son got to be considered as the arrears his father owed.so not instead of the check coming to me like ss told me it would. The father is going to get it and the court dropped his arrears as 0.00000.I have 10 days to appeal,but not sure if I stand a chance to get it.if the father had 9000 to paid for all the lawyers why couldn't he just pay the 7000 in arrears and be done.

deeregirl39 · Jun 27, 2010, 03:09 PM

Originally Posted by deeregirl39

he got approved in jan'10,his father got a backpay for 19 months our son got one for 15 months.his father was behind 7000 in support ....ss took the arrears out of fathers check to send to me........but he got a lawyer and the lawyer had the judge consider the backpay my son got to be considered as the arrears his father owed.so not instead of the check coming to me like ss told me it would. the father is going to get it and the court dropped his arrears as 0.00000.i have 10 days to appeal,but not sure if i stand a chance to get it.if the father had 9000 to paid for all the lawyers why couldnt he just pay the 7000 in arrears and be done.

I'm sorry I'm new to this the 7000 that he was behind on was taken out of his backpay and sent to the child support court and was suppose to come to me,but instead he got a lawyer and in court the lawyer ask the judge to use the backpayment our son got to be used as the arrears and his father owed,so now the money will go to the father instead and she put his arrears at zero.even the child support recovery team said they had never heard of that being done in any of the cases he has had.in order words the child has to use his backpay for the arrears his father owed to start with and the father gets the check from ss.

ScottGem · Jun 27, 2010, 04:14 PM

Without a lawyer you will probably lose. Apparently he has a wily lawyer who somehow got around the law. As far as I know, the payments to the son are his entitlement based on his father's eligibility and should not be considered towards the arrears. But I don't know what argument his attorney used and maybe the facts are different.

deeregirl39 · Jun 27, 2010, 04:23 PM

Originally Posted by ScottGem

Without a lawyer you will probably lose. apparently he has a wily lawyer who somehow got around the law. As far as I know, the payments to the son are his entitlement based on his father's eligibility and should not be considered towards the arrears. But I don't know what argument his attorney used and maybe the facts are different.

Thank you Im going to appeal this ,I just need advice on rather if ii appeal if I stand a chance win.His lawyer also forgot to mention he's recieveing ssi as well as ssdi.

deeregirl39 · Jun 27, 2010, 04:30 PM

Originally Posted by deeregirl39

Thank you Im going to appeal this ,i just need advice on rather if ii appeal if i stand a chance win.His lawyer also forgot to mention hes recieveing ssi as well as ssdi.

Dang I can't even type right... I got 10 days to appeal the rulings of the court.the lawyer's argument was that his fathers arrears were paid in full the minute our son got his backpay check and that actully I was over paided.I did lose unless I appeal his father will get the check ss is holding for the arrears I was suppose to get it but his lawyer had a petiton sent to ss to hold the check and had the court date changed for April to June of this year if not for that I might have got the check.the funny thing about this is my sons father stated his self that I would get the arrears taken out of his backpay as well as our son getting a back pay to and social security told me the same thing as well and advised me not to sign or close the case until we went to court.because he was wanting me to call and have it closed so he could get his drivers lincense back.

ScottGem · Jun 27, 2010, 04:43 PM

Your argument on appeal is that the amount paid to your son was HIS award based on his father's disability. And, therefore should not be applied towards the father's arrears. That amount should go directly to your son (or to you on his behalf).It should have nothing to do with the arrears. The arrears are something your husband owes and should come out if his income.

deeregirl39 · Jun 27, 2010, 04:46 PM

Originally Posted by ScottGem

Your argument on appeal is that the amount paid to your son was HIS award based on his father's disability. And, therefore should not be applied towards the father's arrears. That amount should go directly to your son (or to you on his behalf).It should have nothing to do with the arrears. The arrears are something your husband owes and should come out if his income.

Thank you Scott that is the same thing the clerk at the social security told me to before this happened.that he was entitled to his award plus he would get a check from his faather for the arrears he owed.thank you very much.

JudyKayTee · Jun 27, 2010, 04:55 PM

Please keep us informed because I am not in agreement with the son being entitled to an award based on the father's disability PLUS arrearages. I think that's double dipping.

I am curious how this plays out.

ScottGem · Jun 27, 2010, 05:09 PM

It is odd that we have another thread being played out at the same time, where the opposite occurred. Where the father's award was attached for the arrears and the child got their award.

deeregirl39 · Jun 27, 2010, 05:15 PM

Originally Posted by ScottGem

It is odd that we have another thread being played out at the same time, where the opposite occurred. Where the father's award was attached for the arrears and the child got their award.

Scott what's that mean?good or bad?

deeregirl39 · Jun 27, 2010, 05:18 PM

Originally Posted by deeregirl39

Scott whats that mean?good or bad?

I'm not trying to sound money hungry.im just asking why he can keep his award and son cant.sorry if I'm offending anyone.

ScottGem · Jun 27, 2010, 05:24 PM

No you didn't offend anyone. You have a valid question. I was just pointing out the oddity that there is another thread where the opposite happened. Which I think justifies your claim.

deeregirl39 · Jun 27, 2010, 05:36 PM

Originally Posted by ScottGem

No you didn't offend anyone. You have a valid question. I was just pointing out the oddity that there is another thread where the opposite happened. Which I think justifies your claim.

Thank you its very hard having to depend on your family ,community ,chruch,and school to help you make it for 2 years and live from payday to payday and then have the other parent take from you and it was their careless mistake that got him in this mess to start with.he did waste time calling child support to tell them he was disable and could not pay his support ,so instead of having a review to lower his support he didn't do that.sorta stupid I think that would have been the second thing I would have done after calling child support about not being able to pay and his arrears would not have gotten so high to start with.