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  1. #1

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    child support arrears and social security disability payments

    Hi,



    Is anyone out there familiar with any cases involving an adult child (21) receiving social security disability payments, still in college, and still receiving child support. The child's father owes $9500.00 in back support (arrears), and is trying to have her emancipated. The court has now ordered me to get the Social Security records, so they can establish how long she has been receiving payments. They will then apply that total towards the arrears, in favor of the childs father. What about the childs mother whom was with her all of those times and years that payment was never made, and the child had to go without. I am not quite comprehending this situation.

    Junipur1


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    child support/ss disability payments

    Your situation sounds as crazy as mine. My ex-husband sued me for my child's SS benefits which were in excess of his child support obligation. My ex qualified for and received benefits. My son received them as his dependent.) He owed $200/month CS and the SS benefit to my son was $480/month. He sued me for the monthly difference x 11 yrs.....$32,000..... and won! I was told by SSA that child support was totally separate from SS. SSA also told me to get a lawyer. It sounds like you need one too. I have found that the civil court system is totally unpredictable and judges often rule on whim.....but the one who is willing to fight long enough and spend the most money is the one most likely to prevail. That's been my experience. Unfortunately, my ex-husband has had much more time and money than I since he wasn't raising our child so he has usually prevailed! I am due to hear from several lawyers next week regarding this issue so I'll let you know what I find out. Also, you can look under www.ssa.gov to find the ss laws.

  3. #3

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    isn't it bizzarre!

    It is terrible that SSA does not consider their payments to be child support, but I've had a Judge in Texas just last week rule that my ex gets credit for $$ paid to my daughter after she was 18, though I provided her support for the years that he was seeking SSID. Know any case law I could cite to support my cause that he owes me that $$ in arrearage?

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