Ex-husband just approved for disability

[catsmouse]

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

After over a year since filling my ex-husband was given a "fully favorable" and approved for disability. He is currently over $10,00 in arrears. According to Social Security my daughter will receive approximately $366 a month. The current support order is a little over $200. My ex says he will still be obligated to pay $200 on top of the $366. Is this true? My ex said that he will be receiving a large retroactive payment. Will any of that go to his CS arrears? Will our daughter receive a retroactive payment? Child support enforcement is "handling" the case although they haven't done anything in a year.

 

[Proserpina]

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

After over a year since filling my ex-husband was given a "fully favorable" and approved for disability. He is currently over $10,00 in arrears. According to Social Security my daughter will receive approximately $366 a month. The current support order is a little over $200. My ex says he will still be obligated to pay $200 on top of the $366. Is this true? My ex said that he will be receiving a large retroactive payment. Will any of that go to his CS arrears? Will our daughter receive a retroactive payment? Child support enforcement is "handling" the case although they haven't done anything in a year.

In order:

1. Dependent benefits are typically in lieu of child support, but the State can still garnish his check for past due support so essentially yes, that's true.

2. It can.

3. Depends.

 

[catsmouse]

Thanks for the reply. My ex told me that he would be in charge of sending the money directly to to me or opening an account for our daughter and depositing it directly into "her" account but you said garnish. Would the state make the decision to garnish on their own or would I have to ask them to do that? What does 3 depend on?

 

[LdiJ]

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

After over a year since filling my ex-husband was given a "fully favorable" and approved for disability. He is currently over $10,00 in arrears. According to Social Security my daughter will receive approximately $366 a month. The current support order is a little over $200. My ex says he will still be obligated to pay $200 on top of the $366. Is this true? My ex said that he will be receiving a large retroactive payment. Will any of that go to his CS arrears? Will our daughter receive a retroactive payment? Child support enforcement is "handling" the case although they haven't done anything in a year.

Your daughter, if you get her signed up properly (you need to head down to the nearest SSA office and sign yourself up to be her rep payee), will also receive a back pay (bulk) payment.

If your ex petitions the court to have it done, your child's SS benefit will replace his child support and the child's back pay will be applied to his arrears. If the child's back pay is enough to cover the arrears, then he will be completely done with child support. If that is not sufficient, then you need to make sure that the CSE is aware that he is getting back pay from SSDI so that they can go after it for the rest of the arrearage.

If he does not petition the court to have it done, then yes, if the CSE is on top of things he will be garnished for both the regular child support and arrears.

 

[catsmouse]

Your daughter, if you get her signed up properly (you need to head down to the nearest SSA office and sign yourself up to be her rep payee), will also receive a back pay (bulk) payment.


If he does not petition the court to have it done, then yes, if the CSE is on top of things he will be garnished for both the regular child support and arrears.

I have been telling him to petition for a modification for years and he never has. He is legitimately disabled and has been unable to make any real money for about 4 years. He was a very hard worker and good provider before he became disabled. Not really sure what I should do about that but it's a moral dilemma, not a legal one. Since he just found out last week that he was approved, I have an appointment with SS next month.

Thank you for your response.

 

[LdiJ]

I have been telling him to petition for a modification for years and he never has. He is legitimately disabled and has been unable to make any real money for about 4 years. He was a very hard worker and good provider before he became disabled. Not really sure what I should do about that but it's a moral dilemma, not a legal one. Since he just found out last week that he was approved, I have an appointment with SS next month.

Thank you for your response.

Ok, if you feel that way then YOU can file to modify the child support to zero and the arrears to zero based on the fact that the child will be receiving SS benefits due to her father's disability.

 

[catsmouse]

Ok, if you feel that way then YOU can file to modify the child support to zero and the arrears to zero based on the fact that the child will be receiving SS benefits due to her father's disability.

A few years back I included a downward support modification in a domestication modification. I had the support lowered by more than half along with other things. At the time I used an attorney. Although I have looked into what he would need to do to ask for a modification I haven't looked into what I would need to do. There's a lot of info out there for NCP's asking for a reduction, not so much for CP's. Do I just ask CSE to stop being involved with our case?

 

[LdiJ]

A few years back I included a downward support modification in a domestication modification. I had the support lowered by more than half along with other things. At the time I used an attorney. Although I have looked into what he would need to do to ask for a modification I haven't looked into what I would need to do. There's a lot of info out there for NCP's asking for a reduction, not so much for CP's. Do I just ask CSE to stop being involved with our case?

That is one way to do it, but its not the best way. The child support order would still be in effect, just not enforced by the CSE.

You could ask the CSE to do a child support review, and then show up for court when they do the review and tell the judge that you want child support modified to zero and the arrears dropped due to the SS benefits.

Or, in the alternative, go here:

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/

and find information as to how to file for a modification yourself. You will find that there is a form available for a child support modification that you can fill out and file with the courts. The link is not active so you would need to copy and paste it into your browser.

You also have the option of convincing your ex (after he gets his back pay and has the money to do it) to hire an attorney to file for a modification. If you feel strongly enough about it you could also hire an attorney after you receive your child's back pay to do it. Hopefully an attorney would not charge very much (relatively speaking) to do it since obviously it would be unopposed.

I sincerely commend you on your attitude towards this situation. I hope that your ex appreciates how good of a co-parent you are.

 

[catsmouse]

That is one way to do it, but its not the best way. The child support order would still be in effect, just not enforced by the CSE.

You could ask the CSE to do a child support review, and then show up for court when they do the review and tell the judge that you want child support modified to zero and the arrears dropped due to the SS benefits.

Or, in the alternative, go here:

http://www.flcourts.org/resources-and-services/family-courts/family-law-self-help-information/

and find information as to how to file for a modification yourself. You will find that there is a form available for a child support modification that you can fill out and file with the courts. The link is not active so you would need to copy and paste it into your browser.

You also have the option of convincing your ex (after he gets his back pay and has the money to do it) to hire an attorney to file for a modification. If you feel strongly enough about it you could also hire an attorney after you receive your child's back pay to do it. Hopefully an attorney would not charge very much (relatively speaking) to do it since obviously it would be unopposed.

I sincerely commend you on your attitude towards this situation. I hope that your ex appreciates how good of a co-parent you are.

Thanks!! He's very appreciative.
I've found the paperwork and printed it out. The only downside is that the modification process could take up to 6 months. I'd like to put the money in a savings account for her college, if she receives anything, so I'll probably do it pro se or pay for it myself. Thanks again for your advice!

 

[LdiJ]

Thanks!! He's very appreciative.
I've found the paperwork and printed it out. The only downside is that the modification process could take up to 6 months. I'd like to put the money in a savings account for her college, if she receives anything, so I'll probably do it pro se or pay for it myself. Thanks again for your advice!

You are very welcome. Best wishes to all of you.