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Social Security Disability credited toward child support arrearage

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tkimbro

Junior Member
I live in Kentucky and have been divorced from my son's father since 1996. In 1998 his child support was modified and he was ordered to pay $330 per month. He accrued an arrearage of over $10,000 in child support and $4300 in out of pocket medical expenses from 1996 to June, 2008, when he attempted suicide and became disabled. I began receiving social security disability benefits for our son in Feb '09, which covered the period beginning in June, 2008. The disability benefit is $573/month. He is now asking to be the primary residential custodian so that he can start receiving the $573 and is asking that the amount I've received in excess of the monthly ordered support be credited toward the arrearage he had accrued before he became disabled. Is this allowed? The family court judge seems to think so.

Thanks for any feedback.
 


TheGeekess

Keeper of the Kraken
I live in Kentucky and have been divorced from my son's father since 1996. In 1998 his child support was modified and he was ordered to pay $330 per month. He accrued an arrearage of over $10,000 in child support and $4300 in out of pocket medical expenses from 1996 to June, 2008, when he attempted suicide and became disabled. I began receiving social security disability benefits for our son in Feb '09, which covered the period beginning in June, 2008. The disability benefit is $573/month. He is now asking to be the primary residential custodian so that he can start receiving the $573 and is asking that the amount I've received in excess of the monthly ordered support be credited toward the arrearage he had accrued before he became disabled. Is this allowed? The family court judge seems to think so.

Thanks for any feedback.
Without a significant change in circumstances, I don't see custody changing.

I do see the overage of the SSDI dependent benefits being credited to arrearages.
 

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