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

[ocean]

Here is the link to report fraud or have them investigate.  https://www.socialsecurity.gov/oig/public_fraud_reporting/form.htm

I agree with the others ...file electronically. We do it too, faster , federal is usually free to file.

[JackieO]

A few things to chime in, some have already been addressed.
You do get the disability check for the kids.  BM is required to give that info to the office, but if she didn't, they won't do anything.  The BM I deal with didn't notify disability when she lost custody of SS, and they didn't make her pay back any of the money or anything.  They just changed it when DH notified them and brought them the copy of the court order. 

You can get CS on top of disability, but only if she makes enough.  Yours clearly won't.

The modification goes from the date filed, forward.  It doesn't affect any previous orders.  We learned this the hard way years back (BM wanted to start doing things outside the court, we agreed, then she took us back to court saying we didn't follow the order- cost us over $11k).  Basically, BM is responsible for what the courts say she is responsible.  That will not change until she files for a modification and the modification only applies to the date filed forward. 

[Fatherforever]

Thank you for the link, Ocean. I filed last night, we'll see what happens. I really just hope she gets her act together on her own and find a job.

A few things to chime in, some have already been addressed.
You do get the disability check for the kids.  BM is required to give that info to the office, but if she didn't, they won't do anything.  The BM I deal with didn't notify disability when she lost custody of SS, and they didn't make her pay back any of the money or anything.  They just changed it when DH notified them and brought them the copy of the court order. 

You can get CS on top of disability, but only if she makes enough.  Yours clearly won't.

The modification goes from the date filed, forward.  It doesn't affect any previous orders.  We learned this the hard way years back (BM wanted to start doing things outside the court, we agreed, then she took us back to court saying we didn't follow the order- cost us over $11k).  Basically, BM is responsible for what the courts say she is responsible.  That will not change until she files for a modification and the modification only applies to the date filed forward. 

When I talked to the social security representative, she said that I could put a savings account together for my children and so long as I have direct deposit into that account, I don't have to file any paperwork at the end of each year as to what that money is being used for. I will see not a cent of that money, it's going to their future. I haven't told my ex about collecting money from her social security, I am sure they will notify her soon enough, but I better inform her before she gets notification and starts freaking out.

It does comfort me that the modification is only from the date of modifying onwards, I mean I KNOW she owes, but I don't know what a court will do as far as deducting money when it really comes down to it. Can they deduct straight from SS? I know if she had a job, they would just as easily garnish her wages. We shall she what happens on that factor.

Getting the paperwork ready to file for contempt, I am really considering having a lawyer go through it all with me, not only that, but standing up in front of court is terrible! I can't imagine what it will be like for her being found in contempt, it makes my stomach churn just thinking about it. I have to decide if it is worth spending some money on representation or not. We shall see.

As far as filing taxes, I will be on pins and needles until I get confirmation that the IRS received the claim with no hold ups, and I get the check in my account. Until then... I am still waiting to receive my W-2s!

Thanks again,
~Fatherforever

[ocean]

Dont worry about filling out the form at the end of the year. Very simple. Checks get direct deposit into my account each month and I file the FULL amount as raising them for the year. It is very easy form. She wont get notification I dont think from SSDI. If she called up for something else they may say that there is other people claiming on hers but her amount does not change.

They deduct right from my ex SSDI for arrears so they can def do that. Ask for that in the motion -to be deducted from her check to the child support agency. Have them open an accout.

If you have your last paycheck you can start to put the info into turbo tax. If you have last years W2 and work at the same place , you will have their ID numbers to put in. Im sure you will be fine.

[Fatherforever]

I talked to my ex wife today... she is going to try and file for our youngest son! I told her again and again what the divorce decree says, but she is still going to try and do it!

I received my W-2 today, which I am extremely relieved about, but I realized that I was unemployed for a month and now need a W-2 for my unemployment as well. Does anyone know anyway I can access that information on the internet? Please help, I am desperate, I figured if I talked to her she would be reasonable but she is still going to try!

Thanks in advance,
~Fatherforever

[ocean]

Did you save the last check from them? You can just use that for now....if you need ID numbers, call them and see if they will give it to you over the phone. Turbo tax wont even let you e file until this week I think so she cant get it before. You have your plan and will be fine. Unemployment has to be given to you by the 31st...then file that night on-line.