who is entitled to back pay on social security benefits rewarded to a child?

[laniebell]

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

The joint custody was recently issued. (Sept 4th 2015) but the back pay through social security for the children will become retroactive for the 5 years that I gave 100% support to the children, with no type of child support form the ex-spouse. The ex-spouse is recently approved for disability, but again, I have been covering 100% of the children's needs without child support for 5 years. I have a Rule Nisi to prove my custodial position with the children, as well as postal mail addresses, and school forms for the 5 years. The ex-spouse is now qualified for social security disability benefits as of September 4th, 2015 (same day as the custody change). If I have covered 100% of the children's support for the last 5 years, without any assistance of support from the ex-spouse, who is entitled to the back pay of the children. (I see back pay benefits as reimbursement for support already rendered to the children.) I was already told I was to be the payee of the children by the 1st SS representative, but when the ex-spouse found out that I would be given the money, he called the social security offices, and requested a new agent.

I wasn't notified of the agent change, until I called today and was told that ex-spouse called the SS office demanding a new agent (which he got). Does this change the previously assigned payee, if a different SS representative if over case? Does my having the temporary custody over the last 5 years carry weight? (even though officially we are now 50/50) Neither one of us was court ordered to pay child support (so of course ex-spouse chooses not to during this 5 year span). Ex-spouse was allowed every other weekends + opposite THURSDAYS during this 5 year, while I gave 100% support to the children's every need. The very day ex-spouse is approved for social security disability, is the day of the 50/50 change. (loosing sleep over this, because I feel ex-spouse will not use the money correctly - being he is deep in dept and will also have his portion of back pay to repay the insurances, leaving him penny-less unless he can get his hands on the children's back pay, avid sports/huntsmen, who loves "keeping up with the Jones")

 

[Ohiogal]

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

The joint custody was recently issued. (Sept 4th 2015) but the back pay through social security for the children will become retroactive for the 5 years that I gave 100% support to the children, with no type of child support form the ex-spouse. The ex-spouse is recently approved for disability, but again, I have been covering 100% of the children's needs without child support for 5 years. I have a Rule Nisi to prove my custodial position with the children, as well as postal mail addresses, and school forms for the 5 years. The ex-spouse is now qualified for social security disability benefits as of September 4th, 2015 (same day as the custody change). If I have covered 100% of the children's support for the last 5 years, without any assistance of support from the ex-spouse, who is entitled to the back pay of the children. (I see back pay benefits as reimbursement for support already rendered to the children.) I was already told I was to be the payee of the children by the 1st SS representative, but when the ex-spouse found out that I would be given the money, he called the social security offices, and requested a new agent.

I wasn't notified of the agent change, until I called today and was told that ex-spouse called the SS office demanding a new agent (which he got). Does this change the previously assigned payee, if a different SS representative if over case? Does my having the temporary custody over the last 5 years carry weight? (even though officially we are now 50/50) Neither one of us was court ordered to pay child support (so of course ex-spouse chooses not to during this 5 year span). Ex-spouse was allowed every other weekends + opposite THURSDAYS during this 5 year, while I gave 100% support to the children's every need. The very day ex-spouse is approved for social security disability, is the day of the 50/50 change. (loosing sleep over this, because I feel ex-spouse will not use the money correctly - being he is deep in dept and will also have his portion of back pay to repay the insurances, leaving him penny-less unless he can get his hands on the children's back pay, avid sports/huntsmen, who loves "keeping up with the Jones")

If there was NO support order over the last five years, HE OWES YOU NOTHING. You should have requested child support for that time. Then you would have an argument for being payee. As there is no child support ordered now, you are not entitled to be the payee now. Based upon what you have stated, DAD gets the back pay and the future pay because it is based on HIS disability. And I can understand why he got a new agent -- the old agent NEVER should have let you become the payee without a court order.

 

[laniebell]

I thought the children's back pay belongs to the children. of why I had custody at that time, of which i covered all support at that time. How is he entitled to back pay of supporting the children when he didn't support the children. I'm not referring to his disability, but as the children will also get benefits from their father being disabled, shouldn't that go to the one who had them in care?

The reason for no child support order was because he "volunteered" an amount for child support, but then never followed through.

btw, I don't understand why SHOUTING at me was necessary. I've not done any wrong.

 

[Ohiogal]

I thought the children's back pay belongs to the children. of why I had custody at that time, of which i covered all support at that time. How is he entitled to back pay of supporting the children when he didn't support the children. I'm not referring to his disability, but as the children will also get benefits from their father being disabled, shouldn't that go to the one who had them in care?

The reason for no child support order was because he "volunteered" an amount for child support, but then never followed through.

btw, I don't understand why SHOUTING at me was necessary. I've not done any wrong.

He owes NOTHING in child support because you decided not to get a court order for child support. If you wanted the children to be supported by their father, you would have gotten a child support order. You did not. And it is not shouting so much as enunciating. If you had gotten a court order for support, then you would be due money for the last five years. However you chose not to do so. And "volunteered" amounts are not enforceable. So therefore you are due nothing legally. He is due to the past disability payments because he is the children's father, he has 50/50 custody, he is the reason for the payments and there I not a court order stating otherwise.

 

[laniebell]

An Update

Whew, I'm glad I got a refund for your RUDE post with all your shouting. But as an update, I was rewarded the back pay of the child's portion of the social security as well as the responsibility as payee for the children. I had my lawyer send a letter verifying where I HAD IN FACT ASKED MULTIPLE TIMES FOR CHILD SUPPORT, EVEN AFTER HE VOLUNTEERED AN AMOUNT BUT REFUSED TO FOLLOW ON HIS WORD. The Social Security representative was able to look though documents over the past 4-5 years showing the father's lack of initiative for the children, and felt that I was the more RESPONSIBLE PARENT and see that I would handle the money as the needed best for the children.

Of course, this means that two Social Security representatives found their opinion that I was best suited for payee.

ANYWAY!!!! All turned out well for me and my children, of whom I supported 100% without the help of their deadbeat dad. I feel better knowing that the money, which is set aside for the children, will be used for the children's needs over what that lame Ex-husband would use to feed his sporting hobby of hunting deer and fishing, hunting land leases and new guns and camo. As long as he wants to play sick, I'm happy the money will be used as it is intended to be used. The Social Security representative made the right choice in placing me as the children's payee.

And thank YOU for your refund. I got what I paid for. Free ~

 

[LdiJ]

If there was NO support order over the last five years, HE OWES YOU NOTHING. You should have requested child support for that time. Then you would have an argument for being payee. As there is no child support ordered now, you are not entitled to be the payee now. Based upon what you have stated, DAD gets the back pay and the future pay because it is based on HIS disability. And I can understand why he got a new agent -- the old agent NEVER should have let you become the payee without a court order.

I disagree. The back pay would belong to whomever had been custodial parent at that time...or at least a darned good argument could be made for it. Since dad has a new representative, perhaps mom needs to make an appointment to talk to that representative.

 

[laniebell]

I disagree. The back pay would belong to whomever had been custodial parent at that time...or at least a darned good argument could be made for it. Since dad has a new representative, perhaps mom needs to make an appointment to talk to that representative.

I am the "mom" and I did talk with the new representative, and I was STILL rewarded the payee. That means twice I have proved to the Social Security offices that I was the better choice for the children.

Thank you for your supportive response

 

[Proserpina]

I am the "mom" and I did talk with the new representative, and I was STILL rewarded the payee. That means twice I have proved to the Social Security offices that I was the better choice for the children.

Thank you for your supportive response

No, no it doesn't.

 

[laniebell]

No, no it doesn't.

Right, it is why after Ex fussed his disapproval of my payee assignment and requested a new officer over his case, I was STILL given payee. So twice I was named payee with 2 different representatives. Neither one saw him suitable to be payee. As far as i can throw him, he wouldn't have used the money with the children in mind. Just another financial source for his sporting hobbies. However, I speak for the children, I fought for the children. Everyone directly related to this or other related cases linked to my Ex, my children and myself, knows that I am the better parent. Since this decision was made twice by 2 people, and is now finalized. I was only giving an update to the rude person who originally responded to my forum. There really is no need for further debate.

 

[laniebell]

Well, you've shown us very clearly who you are. Believe me, "Mom", it ain't a pretty sight.

It's pretty disgusting, actually.

Again I will say. I was only giving an update. All i wanted was the very best outcome for my children, and i already knew that if it went to my Ex, it would not be in the children's favor. I'm thankful that things came out the way they did, because the children will get what they are in need of, and not a financial feed for my Ex.

The money will go to excellent uses on bettering my children's livelihood and well-being.