Question about child support and SSDI back pay
 

Hi. I was approved for SSDI, my back pay for the past 4 years, and my childrens back pay in July 2010. I also won my workmans comp lawsuit in May 2010 as I became disabled by getting hurt on my job. I received the lawsuit money at the end of May. I went to court regarding my child support that I owed after receiving the lawsuit check. The DHR lawyers representing my ex-wife told me that if I spend the money on anything significant I would go to jail. Well, I had already purchased a car after going without one for 4 years. I also wanted to do the right thing for my children so I paid the entire amount of back child support I owed which was a very large amount that built up over the past 4 years. My ex-wife and her new husband make very good money so the children never went without - they live a very good life actually as far as money is concerned. As I stated the children, were awarded ssdi monthly payments as well as the back pay for past 4 years. I need to know if I have rights to my childrens back pay money to refund the back child support I paid. This money came from my workmans compensation award and is what I am going to use to buy a home (I lost my house when I became diabled). I do not want the entire back pay the children received, just the amount I paid to catch up the child support. It seems to me that she would be getting paid 2 times for the same purpose if she gets to keep it. I do not see why I should be penalized for winning my workmans compensation lawsuit before winning ssdi. If I had won SSDI first the back pay would have caught up the child support in arrears and I wouldnt have had to pay any money out from my workmans comp award. I have already hired a lawyer and filed a motion to go to court but I have no idea of what my chances are in winning. Does anyone have any thoughts or ideas on this? Thank you.

Talk to the family court judge. Only the court can modify the child support order. It is not an SSA matter.

Did you have a lawyer for that lawsuit ?

It seems like this was a forsee-able situation....that if you won the lawsuit against your employer/WC, that you would also be successful in your SSDI claim. I can see why your ex would want the money from the lawsuit torwards child support, if your SSDI claim had taken years more, she shouldn't have to wait for the CS.

Your problem now is that the kids' backpay checks go to where the kids live. SSDI doesn't change their process because you have already paid. I think you have to go back to family court and address this issue quickly to arrange for your ex to reimburse you before the overpayment is considered a gift.

Yup, I should read the other responses before answering.......could've just said, "Listen to Janke !"

Here is some information that may help you I'm doing research on another case if I run across something that I think will help I'll add a link. I would keep track of all the letters you get and remember you only have 60 days to respond.

http://ssa-custhelp.ssa.gov/app/answ...%20enforcement

I found some information on Workers Comp and child support. It also gives some questions you can ask your attorney. I'm really glad you asked this question because I finding stuff I need. By the way you're a good person for taking care of your children. How old are they if you don't mind me asking? They really get hurt if their father doesn't help out even though they have a step-dad. I hope your wife allows you to see them, this is very important. They need you and remember they are confused. They need lots of love and hugs. Good Luck.

http://family-law.lawyers.com/child-...d-Support.html

This is something for you or your attorney. If you feel you're overpaying then by all means either you or your attorney fill out these forms. It can't hurt, but remember you only have 60 days.

http://ssa-custhelp.ssa.gov/app/answ...%20enforcement

thanks
 

Thank you for the response and kind words. This will help me in preparation for court. My kids are now 16 and 12. I have always done the best I can for my kids. I paid child support every month on time before I got hurt. My girl doesnt come visit much since she is 16, she has her own life now but she knows we love her. My son comes as often as he can - at least every other weekend if not more when his mom lets him. My wife has no problem with me seeing the kids. I wouldnt have gotten to see them if it hadnt been for her after I got hurt because my ex-wife never brought them over. My wife paid for gas to get them and take them home. She paid for groceries and entertainment and bought them birthday and Christmas for 4 years. She loves them like her own. We hug and laugh and have a blast when he is with us. He wants to move in with us so that is our next step.