Child Support and SSDI dependent back-pay. (No arrears)

[ItWasTaken]

The support case is in Oregon.

Hello, y'all. Thank you for taking the time to help answer my question.

Some background info:
After a 4 year battle that ended up at the federal appeals level, I was awarded SSDI. I had been paying $930 a month for two children until I was injured in the Army. I filed for a support modification because of my new disability and it was reduced to $160. I am current on my child support payments and have no arrears. Recently, I was summoned to court in AZ (where I live) because they claimed I owed over $13,000 in arrears. I found their mistake for them and the DA told the judge they had made a mistake. During that appearance the judge told me to bring in proof, when SSDI starts for the children, and they would suspend collection of the child support because of the SSDI payments the kids will be getting.

Now my question:
My ex wife will be getting back payment of SSDI as the payee for our two children. She will just be getting the dependent portion. Once she receives this back-payment, she will have been, effectively, double paid for the last four years. She will have received, for the last 4 years, $160 per month from me and SSDI back payments of $350 per month for the same period. She would be entitled to the greater amount of $350 from SSDI dependent benefits for that period. Is there any way to get the $160 per month, that would effectively be an over-payment, back?

Thank you for your help.

 

[LdiJ]

The support case is in Oregon.

Hello, y'all. Thank you for taking the time to help answer my question.

Some background info:
After a 4 year battle that ended up at the federal appeals level, I was awarded SSDI. I had been paying $930 a month for two children until I was injured in the Army. I filed for a support modification because of my new disability and it was reduced to $160. I am current on my child support payments and have no arrears. Recently, I was summoned to court in AZ (where I live) because they claimed I owed over $13,000 in arrears. I found their mistake for them and the DA told the judge they had made a mistake. During that appearance the judge told me to bring in proof, when SSDI starts for the children, and they would suspend collection of the child support because of the SSDI payments the kids will be getting.

Now my question:
My ex wife will be getting back payment of SSDI as the payee for our two children. She will just be getting the dependent portion. Once she receives this back-payment, she will have been, effectively, double paid for the last four years. She will have received, for the last 4 years, $160 per month from me and SSDI back payments of $350 per month for the same period. She would be entitled to the greater amount of $350 from SSDI dependent benefits for that period. Is there any way to get the $160 per month, that would effectively be an over-payment, back?

Thank you for your help.

Prior to your disability you were supporting your children to the tune of over 900.00 a month. After your disability you were only able to contribute 160.00 to the support of your children. The backpay helps make up some of the difference.

 

[ItWasTaken]

Prior to your disability you were supporting your children to the tune of over 900.00 a month. After your disability you were only able to contribute 160.00 to the support of your children. The backpay helps make up some of the difference.

While I appreciate your response, I must ask for the legal basis upon which you based it? It appears that you are answering a legal question with a morality based answer. e.g. I owe that back pay to her because my support payments dropped. Part of why the support was dropped is because her income doubled at the same time mine dropped.

 

[Just Blue]

While I appreciate your response, I must ask for the legal basis upon which you based it? It appears that you are answering a legal question with a morality based answer. e.g. I owe that back pay to her because my support payments dropped. Part of why the support was dropped is because her income doubled at the same time mine dropped.

Perhaps you should discuss this with an attorney that has access to all the facts.

 

[Proserpina]

While I appreciate your response, I must ask for the legal basis upon which you based it? It appears that you are answering a legal question with a morality based answer. e.g. I owe that back pay to her because my support payments dropped. Part of why the support was dropped is because her income doubled at the same time mine dropped.

Omitting half of the relevant information guarantees your answer will be incomplete.


Speak to an attorney.

 

[ItWasTaken]

Omitting half of the relevant information guarantees your answer will be incomplete.


Speak to an attorney.

The rational for the support modification makes no difference regarding the back payment. I fail to see how the law allows for modification rational when determining SSDI back payments. Does any State law spell out SSDI back payments being dependent on the reason you had a modification? That seems a little ridiculous.

I suppose a lawyer will be my best bet.

Thank you.

 

[Proserpina]

(It's "rationale")

Yes, actually, the reason behind the modification matters. Being disabled is quite different from getting a pay-cut or even a pay raise.

Understand?

 

[ItWasTaken]

(It's "rationale")

Yes, actually, the reason behind the modification matters. Being disabled is quite different from getting a pay-cut or even a pay raise.

Understand?

I apologize if the reason for the modification was not clear. I assumed most people knew that SSDI was awarded for disability. I suppose I could have made that clearer.

 

[LdiJ]

I apologize if the reason for the modification was not clear. I assumed most people knew that SSDI was awarded for disability. I suppose I could have made that clearer.

We understood that part just fine. Its that you left out half of the information. So, how much of the change in child support was due to mom's change in income? Unless the amount of change attributed to mom's change in income was more than $420.00 my previous answer still stands.

 

[Proserpina]

I apologize if the reason for the modification was not clear. I assumed most people knew that SSDI was awarded for disability. I suppose I could have made that clearer.

It was the fact that you didn't mention that Mom's income had changed significantly and was part of the reason behind the mod. THAT is relevant. THAT is important. THAT changes things.