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Author	Topic:   question regarding social security benefits and child support
mom-of-one Member	posted 03-30-2006 10:39 PM             Does anyone know waht to do in this situation? My ex claims he is disabled and got approved for full disability. Of course he didn't tell me, I inquired about this myself by calling the social security office who then informed me for the past yr he was collecting socisl security and our daughter as his blood relative could also get benifits. So I went for it. However, I called the child support agency who infomred me that I am still entitled to my child support check until they determine because of "a change in his income" they would modify the child support order to less or nil. However I'm still getting a check the past three months for child support and SSA in my daughter's name. He threatening to take me to court over this, but he had three opportunities to turn in his financial statement so they could modify the order, but he still hasn't. So does anyone know if this is how it works? I just don't want to do anything that may get me in trouble with the law. Thanks.
kedcse Member	posted 04-01-2006 12:23 AM          mom of one, most states are adopting new regulations regarding this issue. I live in California and work for a child support agency. The new regulations would require the amount of money you get from Social Security benefits for the minor child on behalf of the non-custodial parents disability be credited towards his child support obligation. Also, a modification has to be done on the child support order using his SSDI benefits as income. The only disability that counts for income is Social Security Disability(SSDI, Title II benefits) not SSI/SSP(title xvi)- which are state funds to pay a disability. Apparently, you are receiving a benefit already, so the child support agency will have to credit any amounts you have received towards his obligation. In the past, prior to 01/01/02005, the amount credited couldn't be more than the obligation(ie: if the child support obligation was $200, and the benefit amount was $400, only $200 would be credited) The new regulations as of 01/01/05 direct that the whole amount of benefits be credited towards current support and any arrears that are owed(ie:if current support was $200, the benefit amount was $400 and $21000 in arrears, the benefit amount would pay the current obligation and the other $200 would be applied to the arrears). If no arrears are owed, and the benefit amount exceeds the proposed child support, the court should reserve child support, meaning no dollar amount will be set, and the child support agency will close the case..
lacvso8 Member	posted 02-28-2010 05:24 PM             I am kind of in the same boat. Does anyone know if the payment received in arrears or going forward is taxable? I don't want to assume it isn't taxable and then have to pay taxes at the end of the year. Also, so if I am reading it right, if I do get this benefit, it replacing receiving child support from my ex, until he is deemed not disabled and can work again? He played the bi polar card and I would think after he gets properly medicated, there is no reason why he can't get back to work? I have to call social security I think and ask if this is permanent or temporary. I mean, if all of a sudden he is no longer deemed disabled, my child's benefits would stop and I wouldn't receive any money, right? This benefit once granted isn't until my son is 18 is it? I never knew this existed...if anyone has any advice or thoughts please let me know. Thanks
shawn single dad	posted 02-28-2010 07:59 PM             Call Social Security to get all of your questions answered first hand about duration. Also, I doubt a government benefit like SS for a child is taxable, I know child support is not. Plus this is the child's benefit and it wouldn't amount enough to put him into a taxable bracket. But again, call the IRS if you need more reassurance.
lacvso8 Member	posted 03-03-2010 08:56 AM             I did call social security...and the IRS...this benefit isn't taxable!! and the social security benefit is separate from child support.
shawn single dad	posted 03-03-2010 09:46 PM             Thanks for the update, and most important, great for you and your family!!

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