My ex has just been awarded his social security and was supposed to be receiving back pay. He owes me $10,000 in back support for my daughter. I was told by his mother that I was supposed to be receiving his back pay.
He had received a letter that stated the payment would be processed in 2 weeks, that was back on October 2nd of this year (2009) and I haven't heard or seen anything. I was just wondering how long it would take for me to receive that payment and how I could go about finding out info on it?
Child Support Office never gives me a straight answer. If anyone has any info or the same situation please help with info. Thanks a bunch.
By Acirillo from Springfield, MO
Contact the Department of Human Services in your state and tell them about your husband's new income. DHS will see to it that the children get their fair share of the income. (11/06/2009)
Please call your local DSHS, Social Security, Child Support court offices regarding this and do it soon! They will know what and how to guide you to garnish this payment in your state and circumstance, and help you possibly receive at least a portion of his back pay even if they tell you to hire a specialty lawyer.
I am assuming this 'back pay' means disability back pay so you still possibly have time for the courts to process and nab at least a portion of it (it usually takes about 90 days or more for the final back pay check to be sent out). But if you don't get on it ASAP you most likely will be out of luck because he'll probably cash the check once he receives it and hide it. :-(
It's possible it's too late to garnish for back pay, but the courts or a lawyer can help you with portions of future disability payments. Oh, and as far as I know, your child is entitled to a small monthly social security payment when one or the other parent has become disabled until she reaches the age of majority. (11/06/2009)
If it is disability it takes a year to get the bulk of your back pay. He will get a small check equivalent to three months pay and in six months he will receive another similar check, then six months after he will get the remaining big check. (11/07/2009)
I need to add and stress that you need to get on this right away!
Yes, there are people who don't receive back pay for up to a year, but every disability circumstance is reviewed individually and I personally know people who received their back pay in 90 days! (11/08/2009)
Acirillo, I use the Springfield office also. My husband was $30,000 behind in support payments. I went through Support Enforcement Unit years earlier. Because I was not on "welfare" I was pretty much on the back burner. However, my enforcement unit caseworker had placed "ticklers" on the file to have me notified when my ex's Social Security number showed anything.
When I found out he was getting Social Security (and I think it was disability) I called the SS office who tried to put me off telling me that I was too late. I mentioned the "tickler" and they changed their tune. They hadn't been the ones who called me, it was Support Enforcement who called me. I went into the SS office and we got back SS payments and had his SS garnished. He will finish paying his child support payments in 2012. Go to the SS office and talk to them. Talk to Support Enforcement. Don't back down. Good luck. (11/08/2009)
Try the SS website. There is a contact link where you can reach them by phone, mail or online inquiries. You may need to supply them with the child support order. Good Luck! Here is the link: www.socialsecurity.gov (11/08/2009)
Go to your local SS office. You will be quickly helped. My ex got his SS and part of the back pay went to his ex for his son, which he had no problem with. Also, your child will/should receive a monthly award. This is not taken out of your ex's money, just awarded off his SS number. You have a right to that and do it now, the sooner the better. (11/08/2009)
I know this was answered sometime back, but YES you get part of that payment. But, you need to be in the CSE system in order to do that, so be sure you've got a caseworker first. Then talk to both SS office (there are local ones everywhere) and your CSE caseworker.
My ex is under felony conviction for 25K in back support and when he got on disability this past fall, I got half his lump sum AND now am getting full payments every month, plus some until he's caught up. The system works, you just have to keep reminding people that you are out there.
Good luck! (01/19/2010)
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