Disability and Back Child Support

My ex-wife owes me 15k in back child support. She hired a lawyer so that she would be approved for disability. When she is awarded disability they will owe her a good bit of back pay. Will the back child support she owes be paid? Does the lawyer get paid before anyone? She will owe him 8k. We both live in Louisiana. I am not sure what type of disability she will be awarded. She can't work due to severe anxiety.

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February 3, 20170 found this helpful

If she is on SSI disability, and has a very low income, she can ask that future child support payments be modified. She is still legally obligated to pay back child support, and the back pay may be garnished.

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February 4, 20170 found this helpful

I strongly suggest that you find the answer to your question NOW; do not wait until your ex-wife receives the back due disability. You can make an appointment with SSA (if the disability is SSA, if not, contact the correct disability entity), bring all required information,etc., and, this is important, make a list of the questions and concerns you have BEFORE the interview and bring the list with you.

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This will, hopefully, guarantee that you will have all the information you need regarding the back due child support.

Good Luck!

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February 5, 20170 found this helpful

You talk as if your ex-wife will definitely be awarded disability just because she hired an attorney to file. True - this is usually correct as attorneys evaluate a case before accepting it but I have seen them fail also.

How was the total back payment of this money decided? Have you anything legally stating this figure? If not, you will need to get that established as proof will be necessary.

I believe you should hire an attorney ASAP whether you visit Social Security or not. This is a lot of money and even a few days delay could mean you lost it.

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If you decide to go to SS (a regular SS office can help you) or an attorney, you will need all of your original papers concerning divorce, support information, as well as all information concerning children involved and records of payments received.

Hopefully, your support was paid through a government agency as that gives you a quick, legal account of money paid.

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March 28, 20171 found this helpful

It depends on whether she is getting SSI or SSDI as to whether or not you will receive money. My ex-husband is 129k (you read that right - $129,000) in arrears for our 4 children. He was just approved for SSDI at the end of January. DCSE called me and told me. I did some research and found out that because he's approved for disability, that each of our children are entitled to auxiliary disability benefits. So, I went and filed for those on their behalf. Because he applied for SS a long time ago (Dec. 2013) they owed back pay. 40 months of it. I received just over 32k in back pay for the kids auxiliary benefits! Each child will now begin receiving benefits of $211/mo.

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HE is also entitled to 40 months of back pay. So 40 x (whatever is SSDI payment is) That should be paid to me to pay for his arrears. Waiting to see how all that shakes out, as we live in different states and are at the mercy of each states DCSE to do their part.

The lawyer is only allowed to collect 25% of the back pay - up to $6,000. The lawyer may not collect more than $6,000 by law.

I very strongly urge you to stay on top of her case, as best you can. They won't give you her info, but if she gets approved, your daughter will be eligible for auxiliary benefits. Since she's just starting the process, it could take years. That's all retroactive to the day she first applies for SS. You will need her SS#. You might be able to find a way around it if you don't have it, but I imagine it could be quite the hassle.

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When DSCE told me my ex was approved, I went the very next day to the SS office and made an appointment. My appointment was on a Monday and by Friday I had 32k in my bank account.

Good luck to you!

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