Back SS Disability Benefits to child

[zeuss]

What is the name of your state? IN
If the NCP receives back disability payment from when first filed (large sum) would the CP receive back payment for child also? Was told by NCP that it doesn't work that way and the only way a back check would be issued for the child is if the child lived with the NCP the whole time that they had been trying to get disability. Now as of the first of the year (2006) the child now lives with the NCP (it became official as of April 24, 2006 thru the court) the child will start receiving monthly disability checks also starting in January. I was told by the X that they wouldn't start until January and wouldn't get any for 2005 because he didn't live with him for the whole year of 2005. The X still owes back child support from before the child went to live with him and the SS payments count towards credit on CS that he would have paid. If they do pay back payments for children, how would I find out if one was issued to him and our child instead of me and our child when he lived with me during the back time?

 

[tigger22472]

What is the name of your state? IN
If the NCP receives back disability payment from when first filed (large sum) would the CP receive back payment for child also?

Depends on when they were filed for by the NCP

Was told by NCP that it doesn't work that way and the only way a back check would be issued for the child is if the child lived with the NCP the whole time that they had been trying to get disability.

Again, is dependant on if they filed for the child.


Now as of the first of the year (2006) the child now lives with the NCP (it became official as of April 24, 2006 thru the court) the child will start receiving monthly disability checks also starting in January.

ok

I was told by the X that they wouldn't start until January and wouldn't get any for 2005 because he didn't live with him for the whole year of 2005. The X still owes back child support from before the child went to live with him and the SS payments count towards credit on CS that he would have paid. If they do pay back payments for children, how would I find out if one was issued to him and our child instead of me and our child when he lived with me during the back time?

Technically the bolded part in the last part is NOT true. In the state of Indiana, child SS benefits are not given to pay up arrears in CS. The lower courts sometimes order this, however, it is against state case precedence. SS benefits through a disabled parents or whatnot is for their CURRENT care. Yes, back pays can be paid dependant on when they were filed for but it's likely too late for one and for two as stated would not come off arrears. If the court doesn't order it that way (and later get overturned) the only way that would happen is if the CP then goes to the CSE office and says they got X amount of money and ASKS that the NCP be credited.

 

[zeuss]

NCP received a large sum check in Dec. of 2005 for back SS Disability. At the time he filed which was late 2004, he did file for our son also. He had called me and gotten what information he needed. He said that he filed for his other son also because in 2004 he hadn't turned 18 yet for 4 months of the time, so he would get money also. Well when it came time that he was accepted (a year and 1/2 later) I never got any paperwork in Michigan about it from anyone, just him telling me that the INdiana law was that we wouldn't be getting anything because our son went to live with him for the school year and he wouldn't be getting anything for him down there until January of 2006 because he didn't live with him until after he was accepted. So being that I live in another state I just took his word for it. Now if our son still lived with me, we would be getting checks from Indiana SS and it would be counted as child support. I was curious to know if he was committing some kind of fraud and had received money that he wasn't entitled too from back pay to his son. Being that he was staying with him in Indiana at the time that the checks finally started coming in, I would have no way of knowing and neither would the State.

 

[tigger22472]

NCP received a large sum check in Dec. of 2005 for back SS Disability. At the time he filed which was late 2004, he did file for our son also.


He told you that he filed for son too or you know this to be true?

He had called me and gotten what information he needed. He said that he filed for his other son also because in 2004 he hadn't turned 18 yet for 4 months of the time, so he would get money also. Well when it came time that he was accepted (a year and 1/2 later) I never got any paperwork in Michigan about it from anyone, just him telling me that the INdiana law was that we wouldn't be getting anything because our son went to live with him for the school year and he wouldn't be getting anything for him down there until January of 2006 because he didn't live with him until after he was accepted.

Not sure I understand any of that.

So being that I live in another state I just took his word for it. Now if our son still lived with me, we would be getting checks from Indiana SS and it would be counted as child support.

WHO told you it would count as support? I will go into this more later.


I was curious to know if he was committing some kind of fraud and had received money that he wasn't entitled too from back pay to his son.

At this point as long as he has custody the current checks go to him and you would have to attempt to sue him and prove that he got ANY back pay. That would take the use of an attorney as you would have to get the information to prove he got them, and depending on HIS amount the totall to the CHILDREN would be half of that... only HALF of that is what your child would have been entitled to.

Being that he was staying with him in Indiana at the time that the checks finally started coming in, I would have no way of knowing and neither would the State.

Now, I did some research and for myself I am happy to report that I was wrong on an issue. In Brown v. Brown, 823 N.E.2d 1224, 1227 (Ind. Ct. App. 2005) the Supreme court ruled that ANY back disablility payments for the child COULD NOT offset CS arrears. I have always felt this issue was wrong, but I am not in charge of the law and it was case precedence. HOWEVER.... On May 17th of this year the court overruled Brown in Payton v. Payton, 847 N.E.2d 251, 2006 Ind. App. LEXIS 912 (Ind. Ct. App. 2006)


Basically what you are looking at is hiring an attorney to get the process started to attempt to get the information to find out if your ex did ever get any back pay money for the child (hence paying the attorney) and then finding out what portion your child was entitled to of that and then MAYBE get something out of it. Basically it boils down to how much it is and if it's worth it.

 

[zeuss]

Back SS Disability Benefits to Child

Thank you for your time and efforts in answering my questions. Our court order from Mich says that CS will come from basically most all incomes, it lists several types of income. I was also told by our Friend of the Court that the amount our son got from his father being on disab. would be credited as CS and if the amount was over his monthly obligation that it would go as a credit but if it did not meet his monthly oblig. that his father would then have to make up the difference. The amount that father told me that our son would be getting was more then the monthly obligation.
We went to court in MI a couple of weeks ago because our son is living with dad for the school year so we changed custody and I pay CS now for this last year. Which I don't mind doing but the amount he told me back in 2005 that he was receiving from disab. was more then what he came to court with. He also said it included what he received for his son. Which didn't match any of the figures that he told me before. I did get the court to do an income investigation because of past lies that he has told them. It got me thinking that he could have been possibly lying also about the back payments that my son should have gotten but didn't. With him being in another state it is hard for me to know these things and check. I don't believe what he tells me anyway but I don't have the energy or income to check on things. With my son being 17 I only have one more year to listen to lies anyway.
It isn't worth getting a lawyer for because he will just come up with more lies and make our sons life miserable down there for his Senior year of school and I won't do that to him. I was just curious if there was an office in Indiana that I could make my concern too without hiring a lawyer.

 

[tigger22472]

Thank you for your time and efforts in answering my questions. Our court order from Mich says that CS will come from basically most all incomes, it lists several types of income. I was also told by our Friend of the Court that the amount our son got from his father being on disab. would be credited as CS and if the amount was over his monthly obligation that it would go as a credit but if it did not meet his monthly oblig. that his father would then have to make up the difference. The amount that father told me that our son would be getting was more then the monthly obligation.

I might be confused a bit.. is the order in MI or in IN?

We went to court in MI a couple of weeks ago because our son is living with dad for the school year so we changed custody and I pay CS now for this last year. Which I don't mind doing but the amount he told me back in 2005 that he was receiving from disab. was more then what he came to court with. He also said it included what he received for his son. Which didn't match any of the figures that he told me before. I did get the court to do an income investigation because of past lies that he has told them. It got me thinking that he could have been possibly lying also about the back payments that my son should have gotten but didn't. With him being in another state it is hard for me to know these things and check. I don't believe what he tells me anyway but I don't have the energy or income to check on things. With my son being 17 I only have one more year to listen to lies anyway.

When he got on disability did he or you file for any sort of a modification? That could likely come into play. The arrears will be owed for a while at least. The statute of limitation for MI looks to be 10 years after the last obligation due. You cannot go back and get money he doesn't have. How far in arrears is he? Is it worth it at all to attempt to get it?

It isn't worth getting a lawyer for because he will just come up with more lies and make our sons life miserable down there for his Senior year of school and I won't do that to him. I was just curious if there was an office in Indiana that I could make my concern too without hiring a lawyer.

Not really. It would all be through a battle. If the order is out of Michigan you could ask them about it but if he's gotten that money it's likely LONG gone so it's not going to matter really.

And just a note, I learned here in Indiana that the lower courts don't always know what should be ruled. For example, when I was asking who told you it would be counted towards arrears I was asking because I have seen CSE workers and even lower court judges (prior to the last case I posted) state that SSD benefits for a child would go to the CP and count toward arrears even though I KNEW if the CP wanted to appeal that they would have likely won according to case presendence.

 

[zeuss]

Back SS Disability Benefits to Child

Our order for custody and support is from Michigan. He did not start receiving Disab. checks until Dec. 2005 but filed for it sometime in 2004. He has worked on our son every summer he has had him and last summer it finally worked and our son went to live with him for his Junior year and now has decided to stay for his Senior year coming up. Which is fine but it was with the promises of my sons father giving our son the monthly disability checks to buy a car, set him up for college ect. Which the checks wouldn't cover all of what he promised but to our son it sounded better then staying here with mom and getting a part time job and learning to be responsible. I never got to see any of the disabilty checks for my son and he doesnt even know how much they are or if his dad's even really getting them for him because now that he is down there and dad has phy. custody there is not car coming or anything else.
Dad owes me $1400 but they are not having me pay support until his amount it gone off what I will owe him. No one filed a modification or anything until this past April, 2006 when dad filed for a change in custody and wanted child support. He was afraid our son would change his mind when he came to stay with me for the summer, he told our son that he would have to come back now. Our son was living with him when he finally started getting his checks. He received a large one for $22,476 in Dec. 2005 and it was for back disability from 2004 to Oct. 2005. Do they send seperate checks in the childs name or are they included in with the person that is on the disability?
I was hoping that my son would be entitled to back pay because it would make a nice start to his college fund. I don't want it but it would help with that large expense.

 

[tigger22472]

Do they send seperate checks in the childs name or are they included in with the person that is on the disability?
I was hoping that my son would be entitled to back pay because it would make a nice start to his college fund. I don't want it but it would help with that large expense.

Yeah the checks are separate. The thing is the disability money for the child is much like child support... it isn't the child's money, it's to be used for the care of the child. There's been controversy even on saving the money for things such as college. SSA says that you can but I have heard of cases where they have come back and wanted all that was saved.

 

[zeuss]

Well dad must be using if for the care of our son, which is good. How he is depositing it I don't know because it isn't going in any bank account that has my son's name on it so he must be getting it direct deposited into his own. My son has a savings account with dad's name on it but never more that $50 in it.
I was just thinking that if he was entitled to back money that it could be used for my son's care in preparation for school. What happens if he was saving it and after he turns 18 has a very large savings account, is this the example of the state might want it back because he wasn't using it all along to take care of him? I also pay him $96 a week for support right now until they get done with the investigation of income. He showed up in court for the support with a letter from SS saying how much his monthly checks would be because they were going to take his back support out until his arrears were caught up but the court was changing it to wash with what I owed him. Would the amount of $ my son gets monthly be in that total or do you think it was just dad's montly check?? It would seem like it would just be dad's since son's would be in his name.

 

[tigger22472]

Well dad must be using if for the care of our son, which is good. How he is depositing it I don't know because it isn't going in any bank account that has my son's name on it so he must be getting it direct deposited into his own. My son has a savings account with dad's name on it but never more that $50 in it.
It's not required. My sons get it and I don't have it directly deposited, yet my step-daughter does also and it is, into an account that her name is not on. The check comes in the parent (or guardian, whichever applies) name.


I was just thinking that if he was entitled to back money that it could be used for my son's care in preparation for school. What happens if he was saving it and after he turns 18 has a very large savings account, is this the example of the state might want it back because he wasn't using it all along to take care of him?

I've heard of such cases where they have tried... Cannot tell you if they were successful or not though.

I also pay him $96 a week for support right now until they get done with the investigation of income. He showed up in court for the support with a letter from SS saying how much his monthly checks would be because they were going to take his back support out until his arrears were caught up but the court was changing it to wash with what I owed him. Would the amount of $ my son gets monthly be in that total or do you think it was just dad's montly check?? It would seem like it would just be dad's since son's would be in his name.

That could be dependant on the judge. You have to remember that many of these judges are not up on the SS issues. For instance many believe that it IS the child's money and it's unlikely a judge that feels that way would count it. However, those that don't? Who knows.