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Child Support Modification vs. Disability Benefits. What to do?

Started by Fatherforever, Dec 10, 2009, 09:27:38 PM

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Shanni

Yes they will notify her that the children are getting benefits, but there is nothing she can do about it going to you, as you will be considered guardian of their money.  Dont be surprised if they dont back date it the time frame that she started receiving benefits, So be wary once she finds out that you are getting this money that she doesnt try and switch out how you recieve it. ( been there done that) Our situation was that she found out that they were back paying the youngest since he had never been put on her disability, and she filed a direct deposit to HER checking account so that she could get the large check, It back fired on her as I report the payment stolen and treasury deptment went after her for the payback of it. 

Fatherforever

If they back date the children's benefits, would they send it all at once, or add it on to each monthly payment? Either way I will finally be able to set up some savings for the children for them to use for college and what not later in life.

Shanni

Yes you should get it all in one lump sum, It should be 2 separate checks, also fyi you will have to fill out a yearly report to social security telling them what the money was spent on.  There are some pretty hefty guidelines for putting it in a savings accounts and such, so make sure you ask them for the guild lines when you have your appointment.  There is a baseline amount that they will receive and it will be split between the 2 kids. 

ocean

You can say on the form that you spent it all on day to day living expenses too and be done. If you put any of that money into an account they want all the information, account numbers, how much.
Other poster is right, the amount will be split in the middle but you will get two checks/deposits, one for each child.

The phone records and voicemails...has to be original (come from phone or machine at home and brought to court) in order to get it into evidence. Also the phone records, you have to supenea the phone company to say how many times she called and when she called. (especially if your ex gets a a lawyer...). We were able to get both in but it took some leg work to do. Date each tape and then YOU will have to say you recorded it and put it in your safe and no one has access to change the tape....if you girlfriend does it SHE will have to go on the stand and talk about it. Better from you...

Fatherforever

So went to the social security office to sort out the children's disability money.

- First off, apparently their mother knew they were eligible for benefits since April 2009, but wouldn't give them the information for the custodial parent.

- Second, the money they will receive will not be seen until February 2010.

- Lastly, the total amount for the children is $88 a month... $44 per child. That isn't even enough for 2 weeks of food for them, let alone any substantial support.

I was under the impression that social security disability towards the children of the disabled parent is usually around 50% of what the parent is getting for their disability, and I know it maxes out. But $88 a month?

I am afraid if I go to court to get the child support modified to the point where she is actually paying money, they will have us redo the the child support worksheets. And since she gets less than $1000 a month, that would put her child support at $25 per child, per Washington State Child support law.

After all that, this is quite depressing...

~Fatherforever

ocean

Will they back date it?
Yeah, January payments come out Friday so you missed January....
She most of never had a job long and never made a lot of money to only get that amount.
I receive A LOT more than that....If she is getting $1000...you should be able to collect $500....Does she have other children who are collecting and a new spouse that is collecting? You maybe splitting it with other people....

Fatherforever

 
Quote from: ocean on Dec 22, 2009, 06:43:55 PM
Will they back date it?
Yeah, January payments come out Friday so you missed January....
She most of never had a job long and never made a lot of money to only get that amount.
I receive A LOT more than that....If she is getting $1000...you should be able to collect $500....Does she have other children who are collecting and a new spouse that is collecting? You maybe splitting it with other people....

Yes, they can back date it, which will be about a $365 check per child.

We know for a fact she is getting at least $700 from disability. And she has no other children, nor spouse.

ocean

I would call the number and have them explain it to you (someone else....). Something is not right... Now that you are in the system for the kids they will be able to talk to you more about it on the phone.
Either she is not getting that much...(not sure but do they limit it if she gets other social services??)  or the lady made a mistake....If she makes $700 then you should be getting for BOTH kids around $300-$350... Ill look it up later, I have to go to work...You can try on the SSDI website. There is a government one and others that I am sure can get you the facts so when you call you can say but it states this percentage.

Also, I am able to claim to on ex account but have a job so they say I make too much money. My "share" does not get disbursed.

Fatherforever

Called social security today, they explained that since my Ex wife has not put that much into social security for her work history (ie, doesn't hold down a job, part time jobs, etc.) that is the calculated amount for the children.

So yet another way for my ex wife to screw me over and provide no help with the children.

Now what? Try for child support? She needs to pay her part and looking at going to court will be more money out of my pocket and she's still not helping out with the children.

~Fatherforever

ocean

You can try going to court without lawyer...doesnt cost money here to file (some states charge fee).

She must be only getting a few hundred dollars then...and maybe getting other aid too so she doesnt get a lot.

Did they tell you if she qualified as perm disabled or are they rechecking her disease?