For those who may know..

[weenor]

What is the name of your state? Alabama.

This has to do with social security SSDI benefits. NCP called to state that she is receiving disability benefits (doesn't know SSI from SSDI) but states that my SD will be getting a check too. (indicating SSDI). NCP just started receiving her monthly check and when my hubby asked when SD will receive hers, NCP said that she was having the SD's check sent to her and would send hubby the child support money after she deposited the SD's check into NCP's checking account.

Two problems I have with this story (note NCP is a pathelogical lying crack head who was a approved for disability based on a diagnosis of borderline personality disorder) 1. Social security regulations state that when disability is approved for psychiatric disorders some other person must be appointed to handle the benefits. If so, how can NCP have SD's check made out to her. 2. Isn't there some regulation requiring NCP to have the check made out to CP and SD?

I am sending her attorney a social security release for NCP's signature to get the records. She will have to sign since we are in the court system now and her disability is the defense she is using for not paying child support. However, as some of you may know getting records from social security can take considerable time.

Anyone know if NCP can do this? Thanks.

 

[acmb05]

No she cannot

The child has to live with her in order for her to get the checks every month. If she is getting them then she had to have lied to SS and told them the child was living with her.

If your husband has the court papers statinghe has custody it is nott hat hard. Just go down to SS and tell them that you wish to file a claim on the childs behalf. Tell them that she is supposed to be getting the checks and that you want them mailed to you from now on as you being the rep for her.

Be prepared though that if she did lie there is a good chance they will then go back to the mother and cancel her disibility for lieing.

You can also call the mother and tell her what you plan on doing and tell her you will give her two weeks to change it so the checks come to you so then she wont get into trouble. If she has a representative for her the rep can also get in trouble if she knows the child is not with her.

 

[stealth2]

The other question is - why are you sending anyone anything? Your problems with the story are relatively moot.

 

[acmb05]

I will also add that

The mother probably got a lump sum check also that SS would have paid going back to when she first filed her claim minus the 3 months SS does not pay. If she took this check and cashed it then she will also have to pay this back.

 

[casa]

No, someone who receives SSDI due to a Psychiatric disorder does not have to have someone else receive their checks.

The daughter is eligible for the benefit because she is the child of a disabled parent- there is nothing illegal about the child receiving benefits, whether she lives with Mom or not. The child's benefits should be sent to the CP though, or whomever is legally designated to handle the child's affairs.

Give it a few weeks and if you don't receive the money, you should contact Dad's attorney.

NCP does not have to sign any type of release of her records. All she has to do is supply her award statement to the court which shows what her benefits will be each month, and also what the dependent child's benefits are each month.

And it's highly unlikely you'd ever get the court or SSA to order the Mom to pay back the lumpsum award. That is for her benefits she didn't receive while awaiting her SSDI determination. If the child's benefits also had a lump sum of backpay- that's another story, but is not always the case.

 

[acmb05]

That is the lump sum

I was talking about the part that the child should have gotten not the mothers portion.

The poster stated that the mother told him that when she got her daughters check she would deposit it then send dad the child support out of that check. So one can only think that she has told SS that the child lives with her. If she told them the child lived with the father then he would have been contacted on how to go down and claim the checks for his daughter.

The only way the mother will receive the daughters checks is if the child lives with her. Looks like the SS check for the daughter is probably more than the child suppport due so she is keeping whatever is left over. Highly illegal and the mother can get into serious trouble for this.

And they will cancel her disibility if they find out she lied on her statements about where her daughter lives. They will also make her payback any benefits she has received so far. Just go into the SS web page and look up SSDI rules and regulations it's plainly stated in there.

 

[Just Blue]

The only way the mother will receive the daughters checks is if the child lives with her. Looks like the SS check for the daughter is probably more than the child suppport due so she is keeping whatever is left over. Highly illegal and the mother can get into serious trouble for this.

And they will cancel her disibility if they find out she lied on her statements about where her daughter lives. They will also make her payback any benefits she has received so far. Just go into the SS web page and look up SSDI rules and regulations it's plainly stated in there.

My x is the rep payee for our two children.....and he does not have custody of them... he can't even see them ...but as long as he sends the $$ to me...well, SS will not bother about it!

OP ...if the ncp does NOT send you the childrens benifit with the lump sum ....contact SS, explain the situation, and have an appt made to go in and become the rep payee...At that time they will most likely send a demand letter to the ncp to return the child's benifit...I just did this and it is very easy.

Good Luck!!
bay

 

[acmb05]

How did he

My x is the rep payee for our two children.....and he does not have custody of them... he can't even see them ...but as long as he sends the $$ to me...well, SS will not bother about it!

OP ...if the ncp does NOT send you the childrens benifit with the lump sum ....contact SS, explain the situation, and have an appt made to go in and become the rep payee...At that time they will most likely send a demand letter to the ncp to return the child's benifit...I just did this and it is very easy.

Good Luck!!
bay

Get to be representative payee for children that dont live with him. Or did they live with him at the time and you just never changed it when they moved with you.

When I started getting my disibility and the kids did to I was told I cannot be the payee on my one childs check because the child did not live with me. I had to contact trhe ex and have her go down to file for it which she did not do for almost 1 1/2 years till after we went to court. Of course after 1 1/2 years she got a nice lump sum check when she did get it.

 

[acmb05]

Also it says

Right on thier website that the non cuctodial parent cannot be a payee on a check if the child does not live with them.

 

[BelizeBreeze]

If the Checks do not arrive for the daughter from Social Security then file a fraud complaint with SS.

Also, if you can show that mom is keeping the monies and paying support from those monies, file a show cause for contempt of the support order with the court.

Her payment each month, under her misguided thought process, should be the child's ssi payment PLUS court ordered support. NOT just the court ordered support.

 

[weenor]

To Stealth

The other question is - why are you sending anyone anything? Your problems with the story are relatively moot.

I use the term "I" because I am an attorney who happens to use form ss releases in my practice. I will of course be giving the release to hubby's attorney who will in turn send it to NCP's attorney. As you know it is a lot cheaper (as far as hubby's attorney's fees at $200.00 an hour) for me to draw up the form than for his attorney to.

 

[weenor]

Thanks to All!- Good suggestions

If the Checks do not arrive for the daughter from Social Security then file a fraud complaint with SS.

Also, if you can show that mom is keeping the monies and paying support from those monies, file a show cause for contempt of the support order with the court.

Her payment each month, under her misguided thought process, should be the child's ssi payment PLUS court ordered support. NOT just the court ordered support.

Thanks BB- we all ready have a contempt motion pending for an arrearage so I guess we'll just have to add to that. Heck she may be lying about receiving benefits just to keep hubby off her butt. This is the same woman 1) that committed medicaid fraud by getting health insurance through the state for the child and not reporting that the child no longer lived with her; 2) was convicted for felony theft of property for stealing from her ex-employer; and 3) who returned SD's birthday presents from her grandparents to get the cash for crack. Nothing that comes out of her mouth is the truth.

FYI- Her court ordered child support is less than the amount that SD will allegedly be getting from SSA (according to the NCP ). Under Alabama law she cannot keep the extra as the amount from SSA is deemed to be the child's. However, because the amount is equal to or more than the court ordered support the payment can be used to meet NCP's child support obligation.

 

[LdiJ]

Thanks BB- we all ready have a contempt motion pending for an arrearage so I guess we'll just have to add to that. Heck she may be lying about receiving benefits just to keep hubby off her butt. This is the same woman 1) that committed medicaid fraud by getting health insurance through the state for the child and not reporting that the child no longer lived with her; 2) was convicted for felony theft of property for stealing from her ex-employer; and 3) who returned SD's birthday presents from her grandparents to get the cash for crack. Nothing that comes out of her mouth is the truth.

FYI- Her court ordered child support is less than the amount that SD will allegedly be getting from SSA (according to the NCP ). Under Alabama law she cannot keep the extra as the amount from SSA is deemed to be the child's. However, because the amount is equal to or more than the court ordered support the payment can be used to meet NCP's child support obligation.

That still doesn't mean that she can be the rep payee. The only way she could be receiving the child's benefit is if she told them that the child lives with her.

 

[Whyte Noise]

Yup, the custodial parent is the parent that is to get the children's benefits. So, if she is getting them (or will) then she lied to the SSA.

weenor, kind of off topic, and I tried to PM this to you but you aren't accepting PM's... could you direct me to the statute, case law, etc. where the SSDI benefit can be used to satisfy the child support obligation? I've been looking for that for someone from AL and haven't been able to find it.

 

[weenor]

That still doesn't mean that she can be the rep payee. The only way she could be receiving the child's benefit is if she told them that the child lives with her.

Your right. I was really just letting BB know that she probably would not have pay additional support beyond the ssdi once we get this straightened out. That is IF she is telling the truth about receiving benefits at all. I will have my hubby call social security on Monday so he put a stop on any possible under handed activity that she may be up to.