Child support arrears and dependent back pay

[stillhere1]

What is the name of your state (only U.S. law)? Arizona

I was recently approved for SSDI. The custodial parent has gone and applied for the dependent benefit. The monthly dependent amount is about twice what the child support obligation is. The dependent backpay is about $25000, while the arrears is about $4000.

In my state, the monthly dependent amount can be used to offset the obligation dollar for dollar and this is handled through the child support enforcement office. No issue there.

I would like to know if (and how) I can ask for the dependent backpay received by the custodial parent be applied to satisfy the arrears. The statutes are vague and do not seem to address this my state. I should note that the missed child support occurred after the disability onset date established by SSA.

The child DCS casworker really didn't know and was apparently unable to get an answer from the attorney general's office.

I realize a court hearing may be necessary but I would like to know whether there is a basis for such an argument in this state. I have read where this has been successfully argued in other states.

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona

I was recently approved for SSDI. The custodial parent has gone and applied for the dependent benefit. The monthly dependent amount is about twice what the child support obligation is. The dependent backpay is about $25000, while the arrears is about $4000.

In my state, the monthly depended amount can be used to offset the obligation dollar for dollar and this is handled through the child support enforcement office. No issue there.

I would like to know if (and how) I can ask for the dependent backpay received by the custodial parent be applied to satisfy the arrears. The statutes are vague and do not seem to address this my state. I should note that the missed child support occurred after the disability onset date established by SSA.

The child DCS casworker really didn't know and was apparently unable to get an answer from the attorney general's office.

I realize a court hearing may be necessary but I would like to know whether there is a basis for such an argument in this state. I have read where this has been successfully argued in other states.

Yes, there is a basis for asking for the back pay to cover the arrears. You probably however need to file independently of the CSE to get that accomplished.

 

[stillhere1]

By 'file independently', do you file a motion in superior court? Asking for a hearing or just file a motion asking for a decision?


Can you share with me the basis you say exists? I've not been able to find anything that actually addresses that specific issue in this state.

 

[OHRoadwarrior]

Motion in the same court. You should also request from the court it be accepted in lieu of child support going forward.

 

[LdiJ]

Motion in the same court. You should also request from the court it be accepted in lieu of child support going forward.

That part has already been covered...its only the arrears that need to be addressed at this point.

 

[stillhere1]

Motion in the same court. You should also request from the court it be accepted in lieu of child support going forward.

Ok, so what's the basis for my argument? I don't want to file a motion without being able to make valid argument, and without some basis for my argument, I don't know if I have a case or not.

 

[LdiJ]

Ok, so what's the basis for my argument? I don't want to file a motion without being able to make valid argument, and without some basis for my argument, I don't know if I have a case or not.

Your argument is a simple and practical one. Mom is received 25k in back pay from Social Security and your arrears are only 4k. You do not need to get any more complicated than that.

 

[stillhere1]

I guess that's worth a shot. I was hoping to find something...more technical in order to make a strong argument because as it is, the mother strongly objects to this, and she has her own argument that is also a simple and logical one: why should our son's benefit be used to pay for child support payments that I missed?

Seems like a valid counter-argument to me.

 

[Zigner]

Seems like a valid counter-argument to me.

The benefit is there to replace money that you would normally be able to provide to him/her, were it not for your disability. Getting both is like double-dipping.

 

[OHRoadwarrior]

That is why you also motion it be used in lieu of a support order going forward, since it is based on your not being able to work and is designed by the Federal Government to replace your lost income due to disability.

 

[stillhere1]

I don't need to file for a motion "going forward". Like I said before, that matter will be addressed by DCS administratively once SSA actually starts disbursing the funds to the custodial parent. They were very clear that no motion need be filed in order to get the SSDI benefit to satisfy the child support obligation.

My only question has been (and continues to be) about whether or not the backpay received by the custodial on behalf of my son can be used to satisfy the arrears.

 

[TheGeekess]

I don't need to file for a motion "going forward". Like I said before, that matter will be addressed by DCS administratively once SSA actually starts disbursing the funds to the custodial parent. They were very clear that no motion need be filed in order to get the SSDI benefit to satisfy the child support obligation.

My only question has been (and continues to be) about whether or not the backpay received by the custodial on behalf of my son can be used to satisfy the arrears.

So what did the DCS worker assigned to your case say when you asked him/her/it your question?

 

[stillhere1]

So what did the DCS worker assigned to your case say when you asked him/her/it your question?

Same as what I wrote up-thread.

 

[Zigner]

I don't need to file for a motion "going forward". Like I said before, that matter will be addressed by DCS administratively once SSA actually starts disbursing the funds to the custodial parent. They were very clear that no motion need be filed in order to get the SSDI benefit to satisfy the child support obligation.

My only question has been (and continues to be) about whether or not the backpay received by the custodial on behalf of my son can be used to satisfy the arrears.

Include the request in your motion.