mommynurse
Carpal \'Tunnel
Reged: 03/26/05
Posts: 4386
Loc: Indiana
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Hoping someone will have some answers for me!
I don't know if I posted about this when it happened or not, but my drunken ex had a nasty fall on ice 12-24-09, fracturing his shoulder. As much as I love to hate him, I really feel bad for the fella. There has been 5 more attempts to patch him up and many rounds of IV Vanc for MRSA. Poor man just can't be fixed.
Needless to say, he hasn't worked and was way behind prior to the injury. I'm thanking my lucky stars that his unemployment (I still don't know how he got that) garnishment as well as a lump sum payment from his tax intercept have really helped paying first-born's college tuition (nowhere near covers it, tho).
Here is where things get tricky. In December, I got a notification that he is filing for bankruptcy and has included his CS obligation in it. I *thought* you couldn't file BK on CS, but apparently, he can due to the circumstances. However, I am stil getting payments from his unemployment.
I got a call from him a few days ago requesting our son's SS#, which I provided, without questioning him. Today, I missed a call from the SS office to ask me some questions about my son and to notify me that he is now disabled. I tried to call them back, but got VM.
What do they want to know about him? If he has qualified for disability, I'm guessing that he is going to have to pay back the unemployment he shouldn't have rec'd because he wasn't physically able to work. If so, am I going to have to pay back the CS that withheld from those checks? If so, I'm SCREWED.
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Cassie23
Carpal \'Tunnel
Reged: 10/07/05
Posts: 14714
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I wouldn't think he would have to pay back unemployment... He can be on unemployment as he waits to be considered "disabled". I would THINK, but I'm not sure, wouldn't your son receive something from disability as well? Since the father is now considered disabled? Or CS would come directly out of disability?
I don't see you having to pay back any type of CS- I wouldn't worry about that.
I also did not know that you could claim CS arrears on a BK. Strange. That must be new and I don't know that I would 100% believe that either.
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annieo
veteran
Reged: 07/07/10
Posts: 1408
Loc: Pacific Northwest
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SSD can take up to 15% of your ex's check to pay off back IRS debt - maybe it works that way with cs arrears?
You should make a list of questions you want to ask SS and call them.
Good Luck
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Gecko
Carpal \'Tunnel
Reged: 06/01/04
Posts: 19801
Loc: Third rock from the sun
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In December, I got a notification that he is filing for bankruptcy and has included his CS obligation in it. I *thought* you couldn't file BK on CS, but apparently, he can due to the circumstances.
---> You can't discharge child support arrears, but you still have to include the debt in the Petition's Schedule E "Creditors Holding Unsecured Priority Claims".
---> The fact that he is disable NOW...has nothing to do with amounts owed before. And once he became injured, he had the legal right to go to court and had his obligation modified.
If he has qualified for disability, I'm guessing that he is going to have to pay back the unemployment he shouldn't have rec'd because he wasn't physically able to work. If so, am I going to have to pay back the CS that withheld from those checks?
---> I believe you can claim unemployment if temporarily disabled, but be that as it may, it would be HIS responsibility, NOT yours, to pay back any monies owed.
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If you air your dirty linen in public, expect people to comment on the skid marks!
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mommynurse
Carpal \'Tunnel
Reged: 03/26/05
Posts: 4386
Loc: Indiana
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I'm not sure why he didn't ask for a CS reduction when he was first injured. He did call and ask me what my salary was a long time ago and I expected a notification for a court date to modify it. Maybe he had his lawyer run the numbers and he didn't qualify for a reduction since the amount he pays is 1/2 of the guidelines anyway.
I talked to the SS office. They just wanted to verify some information before DS14 could start receiving his benefits. I asked if SS was in lieu of CS, but was told that it was not and the ex was still obligated to pay the court-ordered amount in addition to SS. That just doesn't seem right to me, but he said this benefit is DS. I could use it to pay his portion of household bills (yada, yada, yada), but I have to account for the monies to ensure they were spent on him. You all know I'm not talking about a fortune here, lol, but I sure am excited he can buy his own hair gel now and cologne now.
Anyone else have children who get SS benefits? How was it handled in your case? Ideally, I would just like to set up a trust for him and have the money DD. Maybe by the time he graduates HS, he will have enough money for a year or two of college.
I don't want to sound greedy, but I really hope that I don't lose the CS. Not the best time for me! The college kid is killing me, LOL. I thought the diapers and daycare years were financially devastating, but it was NOTHING compared to this. I think I should just walk around with my pockets turned inside out so they can see I don't even have any lint left in them.
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Handed lemons? Find someone else who was handed Vodka and have a party--Ron White
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LexieBelle
Carpal \'Tunnel
Reged: 11/07/10
Posts: 3680
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You should private message Youngatheart. I'm pretty sure that her children get SS benefits from her ex but I'm also pretty sure that that payment IS child support (meaning that the SS payment covers child support, there's not SS and then ALSO child support).
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finz
Carpal \'Tunnel
Reged: 06/17/08
Posts: 6453
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LB is correct that 'normally' the child's benefits based on your ex's SSDI should count as his CS, but I would guess that he will need to address that directly with the courts. He needs to make it official that his income is now $ xx from SSDI and the child's (if he has only 1 child) benefit is (normally) $ 1/2 xx
You should ask your ex, if you are at all civil, or try to ask SSA what his date of disability was. If SSA recognizes 12/09 as his date of disability, was your older child under 18 at that time ? He may be eligible for a backpay check. You want to make sure that SSA knows that you have primary custody, so the kids check should be going to you, not your ex.
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mommynurse
Carpal \'Tunnel
Reged: 03/26/05
Posts: 4386
Loc: Indiana
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His date of disability is 06-11. I think that is the date he originally filed. I have no idea why he waited so long to file. She turned 18 in March.
DS' check is $85 dollars less per month than I was rec'ing in CS on both kids. $85 a month less isn't going to kill me, but I've been using 100% of the CS to pay for college, housing, and such. I can't use his check to pay for stuff for her, right?
For tax purposes, will I have to pay taxes on DS' income now?
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Handed lemons? Find someone else who was handed Vodka and have a party--Ron White
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annieo
veteran
Reged: 07/07/10
Posts: 1408
Loc: Pacific Northwest
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You don't pay tax on your ds income now unless it is over the guideline amount - it used to be 32,000/year if you are married and I can't remember for single.
You will not have to keep a day by day accounting - once a year you will receive a notice in the mail that is a one page thing you fill out - basically did you save any of the money for college or is any of it in a savings account and did it all go to the child it is for - it is really easy. The minimum a child gets 474.00/m which is easy to spend each month and SS knows that.
The benefit is for YOU to spend on your DS not for you to give DS to spend - it is your ex's contribution to raising your DS.
AND the ss is in place of the cs and I think your ex will need to get that modified with the courts and take care of all that - SS may help him with that??
I "think" the tax amount actually goes on your ex's tax and if he is below the limit for single - he will not file tax on either - but I do not know for sure SS should be able to tell you and/or the IRS.
If you DD was under the age of 18 when your ex qualified then you would get a back check for her. Your ex filed and then he would have had to wait 6 months for the checks to start so basically if he filled in 6/11 his benefits should start 12/11 and your DS benefits would also start then.
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