ex-wife is kids rep payee???

[deepdrop]

What is the name of your state (only U.S. law)? NH
I was recently approved for SSDI benefits. I was divorced a few months ago. I have two young kids.
My ex and I share custody equally. I pay child support because at the time of the divorce I was receiving benefits from a private disability policy. I no longer receive benefits from them (big surprise) so my only income is from SSDI. I am appealing the private disability and am appealing the child support payments, as now my ex makes more than I do.

Sorry for the long preface, but it is important. The regional SSDI office made my wife the kids representative payee, so she gets all the back pay (significant amount) to use for the kids and I get none. Their reasoning was that since nobody has custody, the fact that I pay child support was the reason to make her the rep payee.

I called the national SS office and they never heard of this. It seems crazy to me but my only alternative is to ask the regional office to show me the law that their decision was based on (suggestion of national SS agent).

Any thoughts or suggestions would really be appreciated. I need the money for the kids a lot more than my ex wife does. If it's relevant, she also just remarried a few weeks ago.

[IsabellaSoriano]

Originally Posted by deepdrop

What is the name of your state (only U.S. law)? NH
I was recently approved for SSDI benefits. I was divorced a few months ago. I have two young kids.
My ex and I share custody equally. I pay child support because at the time of the divorce I was receiving benefits from a private disability policy. I no longer receive benefits from them (big surprise) so my only income is from SSDI. I am appealing the private disability and am appealing the child support payments, as now my ex makes more than I do.

Sorry for the long preface, but it is important. The regional SSDI office made my wife the kids representative payee, so she gets all the back pay (significant amount) to use for the kids and I get none. Their reasoning was that since nobody has custody, the fact that I pay child support was the reason to make her the rep payee.

I called the national SS office and they never heard of this. It seems crazy to me but my only alternative is to ask the regional office to show me the law that their decision was based on (suggestion of national SS agent).

Any thoughts or suggestions would really be appreciated. I need the money for the kids a lot more than my ex wife does. If it's relevant, she also just remarried a few weeks ago.

that money isn't for you. the SSDI replaces the child support you were once paying.

wife being married is not relevant.

appealing the child support judgement, isn't going to happen. the only way to get an appeal is through a mistake in law.

what you want done, is to modify the payments based on a difference in income. when was the child support last ordered?

and the really big question. does mom have primary custody? what is the timesahre for your visitation?

[BL]

SSA is not going to split payee .

Since you were paying CS already , they used that to determine which one of you would be payee .

More in her favor than yours .

Now ,when you go for CS modification , you request the amount she receives in SSDI ( for the children ) be credited or replaced for any CS obligations you still may own , or ordered to , and credit also the back pay .

Now if for some reason your X would now owe you CS , perhaps you can have payee switched to you showing SSA the modification order .

( fair's fair ) Right ?

[deepdrop]

Thank you both for the thoughtful replies.
Nobody has primary custody. Time with the kids is split 50/50 and the term "custody" apparently does not apply.

I am now paying my regular child support PLUS she is getting the SSDI for the kids.

Child support payments were established about a year ago when I had a good income from private disability which is now gone. Perhaps I used the wrong term. I am not appealing child support, I am asking for the amount of payment, and possibly who pays whom, to be re-addressed. In the meantime I am going broke.

You say fair's fair? What is fair? I'm disabled, I have no income, she has two incomes plus child support plus a windfall from back SSDI for the kids, plus the monthly payments. I still have the kids an equal amount of the time and I get no help from my own disability payments for the kids. And I KNOW the money is for the kids. I could use it when I buy them clothes, food, tuition, etc. Instead it now comes out of my meager SSDI income. No, I would not call that fair.

The idea of me being reimbursed retroactively for child support since she is getting paid retroactively by ssdi makes sense and I could live with that.

[deepdrop]

corrected already by editing above post. sorry.

[IsabellaSoriano]

Originally Posted by deepdrop

Thank you both for the thoughtful replies.
Nobody has primary custody. Time with the kids is split 50/50 and the term "custody" apparently does not apply.

I am now paying my regular child support PLUS she is getting the SSDI for the kids.

Child support payments were established about a year ago when I had a good income from private disability which is not gone. Perhaps I used the wrong term. I am not appealing child support, I am asking for the amount of payment, and possibly who pays whom, to be re-addressed. In the meantime I am going broke.

You say fair's fair? What is fair? I'm disabled, I have no income, she has two incomes plus child support plus a windfall from back SSDI for the kids, plus the monthly payments. I still have the kids an equal amount of the time and I get no help from my own disability payments. And I KNOW the money is for the kids. I could use it when I buy them clothes, food, tuition, etc. Instead it now comes out of my meager SSDI income. No, I would not call that fair.

The idea of me being reimbursed retroactively for child support since she is getting paid retroactively by ssdi makes sense and I could live with that.

modify to discontinue the current monthly support. SSDI should be considered as the full support. the court will determine whether mom owes you support based on incomes.

the fact that mom gets an extra income from her husband, is none of your business. and doesn't matter to you legally.

[BL]

You misunderstood my Advice and response .

RE-READ my post carefully .

You NEED TO file a modification of Child Support and provide the Benefit amounts the child(ren) are receiving on behalf of your SSDI .

If the tables turn where you are owed CS payments , then provide SSA with the order and request you be payee ( Fair's Fair ) Got it now ?

[deepdrop]

Thank you both.

BL, you're right. I apologize for misinterpreting.

Appreciate the advice from both of you. Unfortunately the process of changing the status quo is very slow.