Arrears and Social Security Award

[devmazz]

What is the name of your state? FL

scenario: non-custodial parent is now current on child support, but has an arrears balance from a year ago when he was severely injured and could not work with no means to pay any support amount. Social Security Disability award is being given for disability.

Lawyer says that the children will be entitled to a portion of the back pay from the SS benefits. (and rightly so.) and that the custodial parent is to receive monthly checks for the children as well (which is wonderful!)

Courts say that the arrearage is to be taken off the top of the total award. (no problem here either.) but they do not say if BOTH will occur.

So my questions are:

1. Will the court take the amount set aside by social security for the children and credit that toward the arrearage alone or will they also take a portion off the top to pay back arrearage, which actually constitutes an overpayment?

2. Will the monthly Social Security payments sent to the custodial parent be counted towards child support?

 

[LdiJ]

What is the name of your state? FL

scenario: non-custodial parent is now current on child support, but has an arrears balance from a year ago when he was severely injured and could not work with no means to pay any support amount. Social Security Disability award is being given for disability.

Lawyer says that the children will be entitled to a portion of the back pay from the SS benefits. (and rightly so.) and that the custodial parent is to receive monthly checks for the children as well (which is wonderful!)

Courts say that the arrearage is to be taken off the top of the total award. (no problem here either.) but they do not say if BOTH will occur.

So my questions are:

1. Will the court take the amount set aside by social security for the children and credit that toward the arrearage alone or will they also take a portion off the top to pay back arrearage, which actually constitutes an overpayment?

2. Will the monthly Social Security payments sent to the custodial parent be counted towards child support?

Well...first you need to make sure that the CP is set up as the rep payee for the children. It would probably be a good idea to go down to your local social security office and make sure that it was set up that way. (I can't tell if you are the CP or someone involved with the ncp).

Most likely the judge would expect that the retro pay for the kids would be applied towards the arrearages. I doubt that the judge intended a "double dip". However if the arrearages are greater than the children's portion of the retro pay, then the judge might expect some of it to come from the ncp's portion as well.

 

[devmazz]

Well...first you need to make sure that the CP is set up as the rep payee for the children. It would probably be a good idea to go down to your local social security office and make sure that it was set up that way. (I can't tell if you are the CP or someone involved with the ncp).

Social Security hearing is set for Wednesday of this week (04.04.07) at the last SS atty's visit, the CP was set up as the representative payee for the children. (I am the wife of the NCP)

Most likely the judge would expect that the retro pay for the kids would be applied towards the arrearages. I doubt that the judge intended a "double dip". However if the arrearages are greater than the children's portion of the retro pay, then the judge might expect some of it to come from the ncp's portion as well.

Understood. Thank you for your help.

Now regarding my question about the monthly checks - will that be counted towards current support, meaning a reduction in the out-of-pocket for the NCP?

 

[LdiJ]

Social Security hearing is set for Wednesday of this week (04.04.07) at the last SS atty's visit, the CP was set up as the representative payee for the children. (I am the wife of the NCP)

Understood. Thank you for your help.

Now regarding my question about the monthly checks - will that be counted towards current support, meaning a reduction in the out-of-pocket for the NCP?

In general, most judges consider the children's benefits to be a replacement for child support. However the judge must order that. He certainly will not have to pay full child support PLUS the children getting their own checks.

 

[devmazz]

Thank you for your assistance. You have been very helpful!