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    tlahouse's Avatar
    tlahouse Posts: 1, Reputation: 1
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    #1

    Aug 2, 2011, 06:33 AM
    Why can't I receive child support or Social Security for my son?
    I am an ex-wife of an Army National Guard Soldier. He had gone on a tour in Iraq and ended up injured by shrapnal. He says he is still in the Army National Guard out of Saginaw, MI, but also says he collects a disability check every month (which is supposably different then regular disability; being in the military).
    He was court ordered to pay $301.00/mo for child support before even going to Iraq and during his tour I had to make a phone call stating I wasn't receiving anything. They then set it up where I did receive a check each month, but just until he go home.
    He is now almost $10,000 in the hole in child support and the courts are proceeding, but I don't understand how he can be collecting disability and still be in the military.
    He had called me to get our son's social security number because his counsler told him to claim him as a dependent because he pays child support on him. I told him that he is my dependent and I support him. He told me he would get more money to pay his child support, but I still don't receive anything. I have a feeling he just screwed me over.
    I don't know what to do, where to start or who I should contact.
    If he's on disablity shouldn't my son be getting a check each month through Social Security?
    I make $18,000/year and have to depend on the State for assistance. I depend on that money I don't receive. Please help answer my question or give me some direction.
    Thank You.
    cdad's Avatar
    cdad Posts: 12,701, Reputation: 1438
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    #2

    Aug 2, 2011, 07:38 AM

    Depending on the aid you are receiving you may not get any child support directly. In today's times child support is used to pay back services you are receiving. Also depending on the type of injury he may not be on SSD. And he may still be in the military. In California and other states it is referred to as workman comp. Its money you receive when injured on the job. The expectation is that your going to return to your job.

    If he does get to a point where he can no longer function properly and needs to go on SSD then your child may be eligible for a check from his disability claim.

    Until it is actually known (not guessing) then you will have to play the waiting game and let the powers that be handle things.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Aug 2, 2011, 07:58 AM
    Quote Originally Posted by tlahouse View Post
    ...
    He had called me to get our son's social security number because his counsler told him to claim him as a dependent because he pays child support on him. I told him that he is my dependent and I support him. He told me he would get more money to pay his child support, but I still don't receive anything. I have a feeling he just screwed me over. ...
    Whether he claims your son as a dependent is not really your concern. Just file your return and claim the child according to the instructions for filing your return. If your son's father also claims him, that is for the IRS to figure out.
    cdad's Avatar
    cdad Posts: 12,701, Reputation: 1438
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    #4

    Aug 2, 2011, 08:12 AM
    Quote Originally Posted by AK lawyer View Post
    Whether he claims your son as a dependent is not really your concern. Just file your return and claim the child according to the instructions for filing your return. If your son's father also claims him, that is for the IRS to figure out.
    Im not so sure it is about a tax deduction as much as it may be about a benefit award. Right now not knowing the true status of the funds he is receiving its hard to answer with a correct outcome. We really need to know where the funds are coming from.
    this8384's Avatar
    this8384 Posts: 4,564, Reputation: 485
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    #5

    Aug 2, 2011, 08:36 AM
    Quote Originally Posted by tlahouse View Post
    I am an ex-wife of an Army National Guard Soldier. He had gone on a tour in Iraq and ended up injured by shrapnal. He says he is still in the Army National Guard out of Saginaw, MI, but also says he collects a disability check every month (which is supposably different then regular disability; being in the military).
    He was court ordered to pay $301.00/mo for child support before even going to Iraq and during his tour I had to make a phone call stating I wasn't receiving anything. They then set it up where I did receive a check each month, but just until he go home.
    He is now almost $10,000 in the hole in child support and the courts are proceeding, but I don't understand how he can be collecting disability and still be in the military.
    He had called me to get our son's social security number because his counsler told him to claim him as a dependent because he pays child support on him. I told him that he is my dependent and I support him. He told me he would get more money to pay his child support, but I still don't receive anything. I have a feeling he just screwed me over.
    I don't know what to do, where to start or who I should contact.
    If he's on disablity shouldn't my son be getting a check each month through Social Security?
    I make $18,000/year and have to depend on the State for assistance. I depend on that money I don't receive. Please help answer my question or give me some direction.
    Thank You.
    What does your court order state about claiming the child as a dependent? Typically, parents are allowed to trade years on and off although I have seen a few cases where the exemption is granted every year to the parent who provides the most financial support to the child.

    If he is on disability, then you need to apply for benefits for your son - SSA will not automatically start sending out a check to you just because the child's father is now disabled.

    According to the numbers you've provided, your ex hasn't paid child support for a little under a year and a half. If he wasn't paying, you should have filed for contempt of court against him.

    I'm surprised the state hasn't done anything at this point; my husband once fell behind by under $200 and they intercepted his tax return the following spring to catch up. If your ex is claiming your son as his dependent, he's clearly filing a refund so I'm not sure as to why the state hasn't intercepted.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,302, Reputation: 7692
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    #6

    Aug 2, 2011, 10:28 AM

    If he is behind in child support, drag him back to court for non payment, it will be up to him to prove to the court and all of the stories he is telling you

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