Wife Approved for SSDI/ What's next for child support?

[BMS]

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

My wife had her disability determination hearing today for her psychiatric disorders and to my surprise it was approved! We had no attorney but the state doctor agreed she was unable to maintain employment and the judge approved it. She was 23 at the time she first filed the claim and had earned 11 work credits (out of 12 possible in that time period) and that was over 2 years ago.
I used the SSA detailed calculator and it said she should get around $452 a month (and 11K back pay) plus her children will get $226 each for the derivative pay. Does anybody know if the derivative gets back paid as well? She owes over $4000 in child support (she lost custody because of her mental illness) Or will that be taken from her backpay?

Also will she still be required to pay any amount or will it be paid automatically?

Thanks!

 

[TheGeekess]

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

My wife had her disability determination hearing today for her psychiatric disorders and to my surprise it was approved! We had no attorney but the state doctor agreed she was unable to maintain employment and the judge approved it. She was 23 at the time she first filed the claim and had earned 11 work credits (out of 12 possible in that time period) and that was over 2 years ago.
I used the SSA detailed calculator and it said she should get around $452 a month (and 11K back pay) plus her children will get $226 each for the derivative pay. Does anybody know if the derivative gets back paid as well? She owes over $4000 in child support (she lost custody because of her mental illness) Or will that be taken from her backpay?

Also will she still be required to pay any amount or will it be paid automatically?

Thanks!

The dependents benefit will not automagically be considered child support. Mom will need to file with the court for that to happen. Dependent benefits will also have backpay attached.

 

[LdiJ]

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

My wife had her disability determination hearing today for her psychiatric disorders and to my surprise it was approved! We had no attorney but the state doctor agreed she was unable to maintain employment and the judge approved it. She was 23 at the time she first filed the claim and had earned 11 work credits (out of 12 possible in that time period) and that was over 2 years ago.
I used the SSA detailed calculator and it said she should get around $452 a month (and 11K back pay) plus her children will get $226 each for the derivative pay. Does anybody know if the derivative gets back paid as well? She owes over $4000 in child support (she lost custody because of her mental illness) Or will that be taken from her backpay?

Also will she still be required to pay any amount or will it be paid automatically?

Thanks!

You misunderstood the children's benefits though. They will not receive 226.00 each. They will receive a total of 226.00 to be divided among the total children.

 

[BL]

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

My wife had her disability determination hearing today for her psychiatric disorders and to my surprise it was approved! We had no attorney but the state doctor agreed she was unable to maintain employment and the judge approved it. She was 23 at the time she first filed the claim and had earned 11 work credits (out of 12 possible in that time period) and that was over 2 years ago.
I used the SSA detailed calculator and it said she should get around $452 a month (and 11K back pay) plus her children will get $226 each for the derivative pay. Does anybody know if the derivative gets back paid as well? She owes over $4000 in child support (she lost custody because of her mental illness) Or will that be taken from her backpay?
Also will she still be required to pay any amount or will it be paid automatically?

Thanks!

SSDI can be garnished for child support.

She owes arrears and yes the arrears have to be paid .

She will need to file a modification once she receives her documents of payments for proof.

Is the State involved in collection ?

If so a Rep. from the State may show up .

 

[stealth2]

I am NOT saying this to be mean, but give serious consideration before having a child with your wife. She cannot work, she does not have custody of her other children... how comfortable would you be leaving an infant with her?

 

[LdiJ]

SSDI can be garnished for child support.

She owes arrears and yes the arrears have to be paid .

She will need to file a modification once she receives her documents of payments for proof.

Is the State involved in collection ?

If so a Rep. from the State may show up .

I agree, but if the children's backpay would cover the arrears, or even part of the arrears, then that should be requested in the modification as well.

 

[single317dad]

This thread is a continuation of:

https://forum.freeadvice.com/social-security-disability-ssi-law-70/wife-approved-ssdi-what-possible-benefits-599011.html#post3196038

 

[BMS]

She owes around $4000 in arrears and the SSA detailed calculator said the childrens derivative pay would be 226 then if that gets backpaid it would cover more than what is owed in arrears. What exactly needs to be filed for that to happen?

Stealth22 my wife does not want more children and I had a vasectomy. That was one of the first things we discussed when getting in a relationship

 

[TheGeekess]

She owes around $4000 in arrears and the SSA detailed calculator said the childrens derivative pay would be 226 then if that gets backpaid it would cover more than what is owed in arrears. What exactly needs to be filed for that to happen?

Stealth22 my wife does not want more children and I had a vasectomy. That was one of the first things we discussed when getting in a relationship

Dependent benefits should be going to the CP.

Wife needs to contact an attorney to make the needed motions for the dependent benefits to be considered in lieu of CS.

 

[BL]

She owes around $4000 in arrears and the SSA detailed calculator said the childrens derivative pay would be 226 then if that gets backpaid it would cover more than what is owed in arrears. What exactly needs to be filed for that to happen?

Stealth22 my wife does not want more children and I had a vasectomy. That was one of the first things we discussed when getting in a relationship

Re-read all post here.

A modification petition once she receives the payment documents for proof to the court.

She can ask as was explained for all back pay children's benefits to cover the arrears ,and the ongoing dependent's benefits in the future to be considered CS payments.

So her arrears would be zeroed out , and the future benefits for the children for CS payments in full.( in other words she won't pay extra than that ).

If she doesn't know how to present that at a modification hearing ,she needs to hire an attorney to represent her, or look for pro bono , or a law firm based on income .

 

[BMS]

Thanks BL

I thought I understood it correctly but one person told me the derivative pay would not go back and cover her arrears. She has an attorney representing her in her child support contempt case that I hired and I left a message for him to contact me ASAP. I have been paying her support the last 2 years because I knew she was unable to work and did not want her to go to jail. Now that she had a favorable disability ruling I am hoping to get it taken care of as soon as humanly possible. Thanks for the help. This is just such a relief for us both and I am excited to finally have it over. It's been a major financial strain as well as an emotional one. Thanks again to everybody that helped me understand all of this.

 

[CSO286]

Thanks BL

I thought I understood it correctly but one person told me the derivative pay would not go back and cover her arrears. She has an attorney representing her in her child support contempt case that I hired and I left a message for him to contact me ASAP. I have been paying her support the last 2 years because I knew she was unable to work and did not want her to go to jail. Now that she had a favorable disability ruling I am hoping to get it taken care of as soon as humanly possible. Thanks for the help. This is just such a relief for us both and I am excited to finally have it over. It's been a major financial strain as well as an emotional one. Thanks again to everybody that helped me understand all of this.

It depends on to whom it is owed and your states CSED policy, as well as if the money has already been paid out.

Is the children's father on any type of cash public assistance?
Are any of money child support arrears owed to the state?
Have any of the retroactive benefits been paid out?

If the answer to all of those questions is "no", then mom should file for child support modification right away and request that any dependent retro benefts be credit to her arrears balance.

If there public assistance arrears owed (money owed to the state), mome needs to contact her CSED worker right away, because CSED will likely offset her retro benefits to pay the PA (public assistance) arrears. She would still want to request a modification to have the children's dep. benefits counted as her child support obligation.