Child support and social security disability

[toroderox]

What is the name of your state (only U.S. law)? MIssouri
I am on social security disability and my son recieves benefits also
His place of residence is at his fathers house according to the divocre decree.
My child support amount has decreased since I became disabled form 594 dollars to 238 dollars.
But the amount my ex recieves from ss on my son behalf is 690 dollars.
I haver been told by child support enforcement that anything beyond the 238 is considered a gift. So that makes 352 as a gift to my ex.
I have ss benefit of 1337 per month that is reduced by 125 dollars for child support arrears.
I have also been told by child support enforcement that the balance of 352 cannot be applied to the arrears. My total arrears is 1599 dollars.
Since I became disabled my ex and I live in the same town, my son is now 15 and spends the majority of his time at my home.
Is there anything I can do to end the garnishment of my disability and even up the money that my son recieves from ss for his support.

 

[LdiJ]

What is the name of your state (only U.S. law)? MIssouri
I am on social security disability and my son recieves benefits also
His place of residence is at his fathers house according to the divocre decree.
My child support amount has decreased since I became disabled form 594 dollars to 238 dollars.
But the amount my ex recieves from ss on my son behalf is 690 dollars.
I haver been told by child support enforcement that anything beyond the 238 is considered a gift. So that makes 352 as a gift to my ex.
I have ss benefit of 1337 per month that is reduced by 125 dollars for child support arrears.
I have also been told by child support enforcement that the balance of 352 cannot be applied to the arrears. My total arrears is 1599 dollars.
Since I became disabled my ex and I live in the same town, my son is now 15 and spends the majority of his time at my home.
Is there anything I can do to end the garnishment of my disability and even up the money that my son recieves from ss for his support.

If your son spends most of his time at your house, and that has been going on long enough for status quo to be established, then you could file to modify custody to you having primary custody. In that instance, you would become his rep payee, instead of dad, and dad would likely have to pay child support to you. However, dad would likely fight you pretty hard on that one.

Did dad get a lump sum payment for the child when your disability started? If so, that should have gone towards any arrearage you had.

 

[BL]

You will owe arrears and it will still be deducted ,even if you win physical custody .

You can try a modification of your current amount due ,but you should as advised file for primary custody if the child has been with you long first.