SSDI Auxiliary Benefits Issue

[lstyd]

I'm the non-custodial parent and I live in: KY

My ex-wife, the custodial parent, lives in: TN

My ex-wife recently setup child support through the State of Tennessee. This is for my son who lives full time with my ex-wife. For the past eight years, I have received monthly SSDI benefits and my son has received monthly auxiliary benefits (including a lump sum back payment at the beginning).

We'll, I'm sure you know where this is going. When my ex-wife filled in the forms for the eight year period my son has received auxiliary benefits for, she ZEROED every month indicating that no payment was made.

I started receiving SSDI a few years after the court order to start paying child support. My child support payment was based on my past income (before SSDI) but I considered the amount fair so I never filed to have it adjusted. It was my belief that the monthly SSDI auxiliary benefits would automatically offset the court ordered monthly child support amount.

I realize that some states allow child support to be offset by SSDI auxiliary benefit payments and some don't BUT it's my understand that Tennessee is one of the states that allows it.

So, short and sweet...am I screwed OR is there hope?

Thank you for your time!

 

[TheGeekess]

I'm the non-custodial parent and I live in: KY

My ex-wife, the custodial parent, lives in: TN

My ex-wife recently setup child support through the State of Tennessee. This is for my son who lives full time with my ex-wife. For the past eight years, I have received monthly SSDI benefits and my son has received monthly auxiliary benefits (including a lump sum back payment at the beginning).

We'll, I'm sure you know where this is going. When my ex-wife filled in the forms for the eight year period my son has received auxiliary benefits for, she ZEROED every month indicating that no payment was made.

I started receiving SSDI a few years after the court order to start paying child support. My child support payment was based on my past income (before SSDI) but I considered the amount fair so I never filed to have it adjusted. It was my belief that the monthly SSDI auxiliary benefits would automatically offset the court ordered monthly child support amount.

I realize that some states allow child support to be offset by SSDI auxiliary benefit payments and some don't BUT it's my understand that Tennessee is one of the states that allows it.

So, short and sweet...am I screwed OR is there hope?

Thank you for your time!

Most if not all states will allow it, but you have to file to change the court order to reflect that the SSDI benefits payments are to be considered CS. It's not automatic.

 

[LdiJ]

I'm the non-custodial parent and I live in: KY

My ex-wife, the custodial parent, lives in: TN

My ex-wife recently setup child support through the State of Tennessee. This is for my son who lives full time with my ex-wife. For the past eight years, I have received monthly SSDI benefits and my son has received monthly auxiliary benefits (including a lump sum back payment at the beginning).

We'll, I'm sure you know where this is going. When my ex-wife filled in the forms for the eight year period my son has received auxiliary benefits for, she ZEROED every month indicating that no payment was made.

I started receiving SSDI a few years after the court order to start paying child support. My child support payment was based on my past income (before SSDI) but I considered the amount fair so I never filed to have it adjusted. It was my belief that the monthly SSDI auxiliary benefits would automatically offset the court ordered monthly child support amount.

I realize that some states allow child support to be offset by SSDI auxiliary benefit payments and some don't BUT it's my understand that Tennessee is one of the states that allows it.

So, short and sweet...am I screwed OR is there hope?

Thank you for your time!

Yes, there is hope. Unfortunately you should have filed in court as soon as you started receiving SSDI to make it official that the child's benefits replaced your court ordered child support...but its not too late to get to court now.

How much child support were you ordered to pay, and how much SS benefits does your son receive?

 

[BL]

If Child support is being collected through the State's child support enforcement agency , gather your notices from SSA as proof and send a copy( RRR Certified mail to CSEU )or what ever it's called in your state,and ask for an adjustment.

Note the case #.

Sometimes CSEU will review cases ever few years and adjust accordingly without going to court .

However if CSEU does not adjust ,you'll have to file for a modification in court with proofs .

You can request relief of some sort for past years ,but you may not get any back relief unless you are in arrears.Then ask those amounts offset the arrears.

 

[lstyd]

Most if not all states will allow it, but you have to file to change the court order to reflect that the SSDI benefits payments are to be considered CS. It's not automatic.

Thank you for the valuable information. It's very much appreciated!

Yes, there is hope. Unfortunately you should have filed in court as soon as you started receiving SSDI to make it official that the child's benefits replaced your court ordered child support...but its not too late to get to court now.

How much child support were you ordered to pay, and how much SS benefits does your son receive?

I'll have to dig up exact numbers but it's something like:

Ordered Monthly Child Support: $300.00/month
Monthly Auxiliary Benefits-Year 1: $260.00
Monthly Auxiliary Benefits-Year 2: $272.00
Monthly Auxiliary Benefits-Year 3: $286.00
Monthly Auxiliary Benefits-Year 4: $294.00
Monthly Auxiliary Benefits-Year 5-7: $310.00
Monthly Auxiliary Benefits-Year 8: $322.00

I realize that I have to make up any difference for the months that auxiliary benefits were less AND I don't get credit for the amount past $300.00 for the months that it was over.

I am in arrears for ~$10,000 for the period before I got on SSDI. When my ex-wife setup child support through Tennessee they immediately garnished 60% of my benefits (which I'm fine with, I owe THIS money). I have already made ~$1,500 in payments via the garnishment. Saturday, I got a new notice from Tennessee Child Support where my ex-wife has requested a hearing to add $28,000 (due to her zeroing out payments made for the eight year period) to the $10,000 which would make my arrears $38,000. I was expecting something like this to account for underpayment during years 1-4 which would be something like $1,056 but not $28,000!

My greatest concern is that if I attempt to block the $28,000 addition, my ex-wife will have me incarcerated (for the $10,000 arrears) just for revenge. Naturally, I cannot afford a lawyer.

FYI: I'm an honorably discharged USAF vet (where I graduated with honors from both basic training and technical school), I have an electronics degree, I worked for ~12 years in corporate IT and served on the executive board of directors for a national organization. I don't smoke, drink alcohol or do illegal drugs. I have NEVER been in jail. Even my driving record is 100% clean with not even a single speeding ticket. Now I face jail time for this -- UNBELIEVABLE! I am truly at my limit, I cannot take anymore.

Anyways, thank you for the valuable information. It's very much appreciated!

If Child support is being collected through the State's child support enforcement agency , gather your notices from SSA as proof and send a copy( RRR Certified mail to CSEU )or what ever it's called in your state,and ask for an adjustment.

Note the case #.

Sometimes CSEU will review cases ever few years and adjust accordingly without going to court .

However if CSEU does not adjust ,you'll have to file for a modification in court with proofs .

You can request relief of some sort for past years ,but you may not get any back relief unless you are in arrears.Then ask those amounts offset the arrears.

Will do! My ex-wife is representative payee for my son's auxiliary benefits so I don't get any notices. I should be able to go to my local SSA office and get proof of my son's benefits for the past eight years, correct?

Anyways, thank you for the valuable information. It's very much appreciated!

 

[BL]

Thank you for the valuable information. It's very much appreciated!



I'll have to dig up exact numbers but it's something like:

Ordered Monthly Child Support: $300.00/month
Monthly Auxiliary Benefits-Year 1: $260.00
Monthly Auxiliary Benefits-Year 2: $272.00
Monthly Auxiliary Benefits-Year 3: $286.00
Monthly Auxiliary Benefits-Year 4: $294.00
Monthly Auxiliary Benefits-Year 5-7: $310.00
Monthly Auxiliary Benefits-Year 8: $322.00

I realize that I have to make up any difference for the months that auxiliary benefits were less AND I don't get credit for the amount past $300.00 for the months that it was over.

I am in arrears for ~$10,000 for the period before I got on SSDI. When my ex-wife setup child support through Tennessee they immediately garnished 60% of my benefits (which I'm fine with, I owe THIS money). I have already made ~$1,500 in payments via the garnishment. Saturday, I got a new notice from Tennessee Child Support where my ex-wife has requested a hearing to add $28,000 (due to her zeroing out payments made for the eight year period) to the $10,000 which would make my arrears $38,000. I was expecting something like this to account for underpayment during years 1-4 which would be something like $1,056 but not $28,000!

My greatest concern is that if I attempt to block the $28,000 addition, my ex-wife will have me incarcerated (for the $10,000 arrears) just for revenge. Naturally, I cannot afford a lawyer.

FYI: I'm an honorably discharged USAF vet (where I graduated with honors from both basic training and technical school), I have an electronics degree, I worked for ~12 years in corporate IT and served on the executive board of directors for a national organization. I don't smoke, drink alcohol or do illegal drugs. I have NEVER been in jail. Even my driving record is 100% clean with not even a single speeding ticket. Now I face jail time for this -- UNBELIEVABLE! I am truly at my limit, I cannot take anymore.

Anyways, thank you for the valuable information. It's very much appreciated!



Will do! My ex-wife is representative payee for my son's auxiliary benefits so I don't get any notices. I should be able to go to my local SSA office and get proof of my son's benefits for the past eight years, correct?

Anyways, thank you for the valuable information. It's very much appreciated!

If your benefits were not adjusted after your initial CS amount of 300 was calculated , the amount you owe should have been calculated downward ,and even the SSA benefits for the child(ren) replacing the CS obligation amount altogether ,and relief on your arrears for the lump sum she received and any overpayment's to her ,especially if she was not forthcoming and honest about the children's benefits . Although you should have challenged the issues then .Still ,even though the law may not be specific ,the magistrate should be able to modify and give you extra relief outlined above .

Yes ,you should be able to obtain a statement about your children's benefits .I did years ago ,and I also was granted relief in other forms on a modification , not like your situation.

If the X is filing for a modification ,show up with all you SSA documents , obtain that copy from the records that shows she zeroed amounts , show that and request Those SSA benefits replace current CS obligations ,and ask for relief from arrears still owed , what I outlined above .

If your denied those modifications and relief ,file an objection to the ruling according to your State . I'm not sure how that's done in your State.

 

[lstyd]

If your benefits were not adjusted after your initial CS amount of 300 was calculated , the amount you owe should have been calculated downward ,and even the SSA benefits for the child(ren) replacing the CS obligation amount altogether ,and relief on your arrears for the lump sum she received and any overpayment's to her ,especially if she was not forthcoming and honest about the children's benefits . Although you should have challenged the issues then .Still ,even though the law may not be specific ,the magistrate should be able to modify and give you extra relief outlined above.

Yes ,you should be able to obtain a statement about your children's benefits .I did years ago ,and I also was granted relief in other forms on a modification , not like your situation.

If the X is filing for a modification ,show up with all you SSA documents , obtain that copy from the records that shows she zeroed amounts , show that and request Those SSA benefits replace current CS obligations ,and ask for relief from arrears still owed , what I outlined above.

If your denied those modifications and relief ,file an objection to the ruling according to your State . I'm not sure how that's done in your State.

Thank you for your thorough assistance. I will use everything learned here in this thread as I work through this very difficult situation.