social security...

[Sunshine1]

Anyone able to help me out on explaining how social security disability benefits work for a NCP who is 4000.00 in arrears of CS because they refused to work?  Now they are disabled?

I'm in MN

[wendl]

I will ask my stepmom, I know when my dad was disabled, I was 18 but in school and I got a ss check montly til I graduated, I don't know if he had to continue to pay cs.


**These are my opinions, they are not legal advice**

[janM]

I would like to know the answer to this as well. Our bm has applied for disability (is that the same thing?) and is in arrears to the tune of over 7 grand. If she gets it, and gets a retroactive amount to the filing date as she claims, is it up to her to pay it to CSEA?

[MixedBag]

Honestly, a lot of those answers are found when you research your state's supreme court cases that have already dealt with the subject.

Each state's answer is going to be different -- or at least slightly different.

[sherya5]

My husband and I have full custody of his daughter. When we obtained full custody, the biological mother had a full-time job and was ordered to pay $125.00 monthly in child support. She filed for disability soon after and we received a disability benefit for the child which was back payed from the day of the mother filing. We then began to receive a monthly check which exceeded her court ordered child support.

Social Security told us that the benefit taking place of child support was up to the courts. So, we contacted out attorney. We were told that if we take the mother to court for contempt for not paying child support, the judge will most likely just make the child support equal to the SS benefit payment and close the case. Our attorney said that the SS benefit and child support are two seperate issues but it's difficult to get the judge to see it that way and order the mother to pay child suppport too since she has no income other than disability. It really stinks because the parent on disability is still not taking active responsibility in financially supporting their child since social security sends the check directly to you and the absent parent never sees it. It's not the money, it's the principle. Good luck and I hope this helps.

[Sunshine1]

We are currently in the process of the non payment of CS and in the meantime she was approved for disability.  The disability payment was set up to go to HER for the 2 children, but we quickly remedied that on our end and the SS office was very appreciative to DH for contacting them.  (he he he)  She had her residence down as the custodial parent, imagine that.

The disability payment is way more than the support order....except she has all these arrears from years past that we do not think the judge is going to forgive because  1. they did not find her disabled when she was claiming she was disabled, it was like a year and a half later.  The SS office said she was more than capable of working.  LOL  Had to laugh at that letter courtesy of her lawyer to the judge.  2. So the 4000.00 she owes we are crossing our fingers will come out of that retro check for the kids.

SCHOOL CLOTHES!!!!  YEEEHAAAWW....but we aren't holding our breath, she would get away with a murder holding a smoking gun.

Thank you so much for the info, you have stopped my head from spinning from the waiting and wondering what will happen.

[rainbow1]

When disabled party receives a retro check, the children will receive a seperate one also. Disabled party may have already received check if she got the first check. Talk to S.S. office. They can let you know if it was already sent and cashed.  We had to go to court to get my Step-daughters back from her mom, even though we had a court order stating it was to be signed over to her father upon receipt. BM cashed and spent it as soon as she got it. Boy was her attorney pissed at her! He found out what she had done in court in front of the Judge! Got monthly payments from her (with interest) in the amount of the next 12 months checks.