Child support arrears and SSDI

[dk66343]

I have a question about how Social Security will treat my child support arrears if my daughter is going to receive auxiliary benefits. I'm aware that my daughter's benefit will be applied to any arrears; That is what California law states according to my family law lawyer. The specific question I have is this: When my daughter goes down to apply, she will most likely have to wait for several weeks to receive her back pay from my SSDI case. My understanding is that when Social Security finally determines my back pay, they will look to see if I owe things like past due child support. When they discover that I do owe back arrears, are they going to be aware that the money my daughter receives satisfies the arrears and therefore will not send my portion of back pay to child support? The reason I ask is that if this happens, the child support office doesn't care where the money comes from. What would happen in that case is this.....Money from my back pay satisfies the arrears and my daughter receives her back pay and the case closes......the money she received would have satisfied the arrears and now I'm out my back pay. I owe $4,300 in arrears and she will receive $11,000....enough to pay the arrears with out me paying it out of my back pay.....my daughter is already 18. The problem I see is that if the arrears are paid out of my back pay and my daughter receives her back pay, all the support office knows is that the arrears were paid and I'm out $4,300. You might say that my daughter can give me the $4,300, but now she's out $4,300....I hope someone sees the point I'm trying to make here. What do I need to do to make sure that Social Security realizes that my daughter's back pay will satisfy the arrears and therefore they don't need to take it from me?

 

[BL]

I have a question about how Social Security will treat my child support arrears if my daughter is going to receive auxiliary benefits. I'm aware that my daughter's benefit will be applied to any arrears; That is what California law states according to my family law lawyer. The specific question I have is this: When my daughter goes down to apply, she will most likely have to wait for several weeks to receive her back pay from my SSDI case. My understanding is that when Social Security finally determines my back pay, they will look to see if I owe things like past due child support. When they discover that I do owe back arrears, are they going to be aware that the money my daughter receives satisfies the arrears and therefore will not send my portion of back pay to child support? The reason I ask is that if this happens, the child support office doesn't care where the money comes from. What would happen in that case is this.....Money from my back pay satisfies the arrears and my daughter receives her back pay and the case closes......the money she received would have satisfied the arrears and now I'm out my back pay. I owe $4,300 in arrears and she will receive $11,000....enough to pay the arrears with out me paying it out of my back pay.....my daughter is already 18. The problem I see is that if the arrears are paid out of my back pay and my daughter receives her back pay, all the support office knows is that the arrears were paid and I'm out $4,300. You might say that my daughter can give me the $4,300, but now she's out $4,300....I hope someone sees the point I'm trying to make here. What do I need to do to make sure that Social Security realizes that my daughter's back pay will satisfy the arrears and therefore they don't need to take it from me?

Once you receive documentation from SSDI ,file a modification petition.If in fact those recotoactive amounts cover the arrears , request of the court so, and any future benifits for her SSDI be applied in place of you obligation amounts and/or recoactive amounts applied toward future obligations , IF the amount of ongoing auxillary doesn't cover your entire obligations .You must petition the court for modification.

 

[Onderzoek]

I have a question about how Social Security will treat my child support arrears if my daughter is going to receive auxiliary benefits. I'm aware that my daughter's benefit will be applied to any arrears; That is what California law states according to my family law lawyer. The specific question I have is this: When my daughter goes down to apply, she will most likely have to wait for several weeks to receive her back pay from my SSDI case. My understanding is that when Social Security finally determines my back pay, they will look to see if I owe things like past due child support. When they discover that I do owe back arrears, are they going to be aware that the money my daughter receives satisfies the arrears and therefore will not send my portion of back pay to child support? The reason I ask is that if this happens, the child support office doesn't care where the money comes from. What would happen in that case is this.....Money from my back pay satisfies the arrears and my daughter receives her back pay and the case closes......the money she received would have satisfied the arrears and now I'm out my back pay. I owe $4,300 in arrears and she will receive $11,000....enough to pay the arrears with out me paying it out of my back pay.....my daughter is already 18. The problem I see is that if the arrears are paid out of my back pay and my daughter receives her back pay, all the support office knows is that the arrears were paid and I'm out $4,300. You might say that my daughter can give me the $4,300, but now she's out $4,300....I hope someone sees the point I'm trying to make here. What do I need to do to make sure that Social Security realizes that my daughter's back pay will satisfy the arrears and therefore they don't need to take it from me?

SSA will not make that distinction. It also may be hard to time a change in the court order, but you can try.