Child Support and SSD Lump Sum Back Payment

I recently got back pay from SSD for a closed period {March 2008-July 2009}, $16,900. When I filed for SSD we were married. We broke up in September of 2008.


I have paid child support and have never been late. Is my ex entitled to any of this back pay for child support? It is a one time lump sum payment and I'm currently unemployed and had to go to court this past July to reduce my support from $600 to $200 a month. This all was done through the court. Please help me, I am not a dead beat dad and have a lot of IOUs out there that will take a big chunk of the money.

By Kev from Concord, NH

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You might Google to find forums that pertain to legal matters regarding child support and Social Security. They might be better able to help you. I'm sorry the economy is affecting your ability to pay child support. It's hurting so many people.

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If you are up to date on child support, you will not have to pay any extra, since this is back money that was owed to you. Do tell the SSD people about your child though, the child will also receive monthly checks. The amount the child gets will be deducted from what you pay in child support typically. Definitely contact an attorney regarding this.

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In a case like this you should ask only one place. The ssd office.We might think we have the answers but could be wrong.

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You 'might' owe your ex a percentage of that money for the months you were together during that period of back pay time "if she pushes for it" but it wouldn't be for child support it would be because of community property laws and would depend on what your divorce decree states about assets. You should consult a few lawyers. Almost all give a free initial consultation and if they don't then don't make a consultation appointment with them.

Are you still disabled? If you are still disabled please feel free to click my contact button and let me know because I might be able to help you with information about your debts because I became disabled a couple of years ago and had some debts to take care of.

I also agree with making sure your children get signed up for SS if you're still disabled. They will receive it as long as you remain disabled until their early or mid 20's if they are attending school.

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Kev, it's wonderful that you actually want to see to your children's financial welfare. Very few "men" have your stand-up attitude. Deeli and Lilac are right: you should ask the SSA office to be sure. However, since you're not in arrears, none of your lump sum should be garnished for child support. And yes, if you're permanently or long-term disabled, your children should receive checks of their own as your dependents. My children received checks as my husband's stepchildren when we got married. His disability was permanent, congestive heart failure. It rolled over to SSR from SSD when he turned 65. Their checks ceased when they turned 18 and weren't enrolled in college. Best to you as you travel this difficult road.

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If you had you child support payment reduced to $200 a month from $600, I think you should pay your ex the $400 for each month since then. You should be able to get dependant payments for each of your children.It will be a big amount and you wont have to pay the $200 or $600, you can pay it from the dependant checks.But you and your ex will have to agree on this and may have to go back to court.

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In This Article
Child Support Payments and Social Security, Paper entitled Child Support Hearing.
Child Support Payments and Social Security
Business and Legal Legal Child SupportJanuary 2, 2011
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