change in custody

[sharhack]

What is the name of your state? Ohio My husband's son, who is 13, has chosen to live with his dad. A rough draft has been drawn up for the mother to sign which she supposedly signed yesterday.
My husband was recently granted disability and the child is to acquire back payments that are of a considerable amount. Can the mother, in the middle of a custody case, sign for and receive the back payments? If so, can they be transferred to the child when the case is over?

 

[betterthanher]

What is the name of your state? Ohio My husband's son, who is 13, has chosen to live with his dad. A rough draft has been drawn up for the mother to sign which she supposedly signed yesterday.
My husband was recently granted disability and the child is to acquire back payments that are of a considerable amount. Can the mother, in the middle of a custody case, sign for and receive the back payments? If so, can they be transferred to the child when the case is over?

First of all, that agreement you two reached means absolutely nothing without a judge's signature. I suggest taking that agreement with you to the court house tomorrow and filing the necessary paperwork for modification of custody AND support.

As far as "back payments", the obligor is obligated to pay the court-ordered amount until the order is modified. If there are arrears, those will still be due until caught up.

 

[sharhack]

I forgot to mention that we have a lawyer that has drawn up the papers and the child has chosen to live with his father. She is signing a rough draft of what will happen with change of custody, such as child support, visitation, etc.
My husband is concerned with the fact that she is going to go sign papers to get back disability that is due the son, not her.
Please advise if she can do this after signing and agreeing to the terms of the custody.

 

[casa]

I forgot to mention that we have a lawyer that has drawn up the papers and the child has chosen to live with his father. She is signing a rough draft of what will happen with change of custody, such as child support, visitation, etc.
My husband is concerned with the fact that she is going to go sign papers to get back disability that is due the son, not her.
Please advise if she can do this after signing and agreeing to the terms of the custody.

If your husband is the one being awarded disability- then he will recieve the back-pay. Has the child been receiving SSI for any period of time prior to this and if so who has been receiving that on his behalf?

 

[LdiJ]

If your husband is the one being awarded disability- then he will recieve the back-pay. Has the child been receiving SSI for any period of time prior to this and if so who has been receiving that on his behalf?

They may have legitimate cause for concern....and some of the back pay may actually be due to mom rather than to dad.

If dad's disability has caused him to have child support arrearages, then mom really is entitled to the back pay for the period of dad's arrearages. The child's benefit is intended to replace child support.....which is why the parent with custody is the representative payee.

If mom has been the one supporting the child...then at least a portion of that back pay really belongs to mom.

If dad has been paying his child support all along, despite the disability, then it would really belong to dad.

Dad (if able) should really go down to the local SSA office and discuss the issue with them.

 

[casa]

They may have legitimate cause for concern....and some of the back pay may actually be due to mom rather than to dad.

If dad's disability has caused him to have child support arrearages, then mom really is entitled to the back pay for the period of dad's arrearages. The child's benefit is intended to replace child support.....which is why the parent with custody is the representative payee.

If mom has been the one supporting the child...then at least a portion of that back pay really belongs to mom.

If dad has been paying his child support all along, despite the disability, then it would really belong to dad.

Dad (if able) should really go down to the local SSA office and discuss the issue with them.

Right- that's why I asked if the child already HAS been receiving benefits (ie; they were designated for the dependent- in which case there has to be a 'payee' who's being sent the $ on behalf of the child). 'Usually' if it's in lieu of support- it's set up to go to the custodial parent. Mom.

I didn't catch where OP said there were any CS arrearages- did I miss something there? (Haven't had my coffee quota yet )

 

[LdiJ]

Right- that's why I asked if the child already HAS been receiving benefits (ie; they were designated for the dependent- in which case there has to be a 'payee' who's being sent the $ on behalf of the child). 'Usually' if it's in lieu of support- it's set up to go to the custodial parent. Mom.

I didn't catch where OP said there were any CS arrearages- did I miss something there? (Haven't had my coffee quota yet )

It don't know if there are any arrearages...they didn't say either way. However, since dad is disabled and obviously can't work, there is at least a possiblity that there are arrearages....therefore I thought I ought to cover both contigencies.

 

[casa]

It don't know if there are any arrearages...they didn't say either way. However, since dad is disabled and obviously can't work, there is at least a possiblity that there are arrearages....therefore I thought I ought to cover both contigencies.

Good point.