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Old 05-06-2012, 10:19 AM   #1
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Children's benefit amounts??? Need opinions and answers PLEASE!!

Hello all.. I haven't been on here in quite sometime and since my approval date from ALJ in January 2012, I have been battling SSA and also my child support order in family court. Here is what's going on.. I have 2 children one whom lives with my wife and I and my son lives with his mother. I originally went to the local SSA office and applied for my daughter and my ex wife went the following week and processed my sons both of these were done in Feb 2012. I have been blowing up the SSA 800# and all they would say my daughters wasn't on the record yet. Well this past week I went to family court to give a status update to them regarding my back payment lump sum I have yet to receive. While there my Ex wife attorney informed the court that my son had a deposit of 8400.00 put into his account This seemed odd because up until this point I was informed that due to my EX wife being on SSDI also he could not draw from both her and I. Her attorney had told the court in March that he was to draw off her and not myself. With this assumption I would have owed 28k in back support from Oct 08 until the hearing in March when the judge put a lien of 28k against my back pay. So when I found out he had received money I went to the SSA local office and started doing some digging. It appears he had gotten the 8400.00 on May 2nd. He also had gotten a 754.00 check on April 11th and will get another on May 9th which is when my monthly deposits go in. So now according to SSA he is supposed to be drawing off my record due to it being the higher monthly amount.. So here is why I am so confused. They said my FMAX is $4100 per month. Since that's the case after my 1508.00 per month is paid it leaves enough for my two kids to each get half that amount of 754.00 each. Is it possible for my son to draw off both our records? They said that was possible and will tell me for sure this week. So the 8400.00 he got was supposedly because he should have been paid 754.00 per month since Jan 09 and was being paid 540 dollars from hers so that made up from that difference. So she has gotten 10k since April which leaves me 18k behind. However he has basically gotten the whole 28k because the 540.00 per month plus the 8400.00 equals that out. So how in the he!! will that work out in court? In the SS eyes he has been paid his actual back pay amounts with the 8400.00 added in from my record. I am just really confused about the whole damn thing. If I pay the 18k now she would actually be getting paid twice correct? If she gets a back pay check for the difference wouldn't she owe SSA money? Please any advice or answers about this I would be so thankful. If I have confused anyone and u have a ?? please ask me, I will try to explain anything in detail.. Thank u so much in advance!!!

BP

 
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Old 05-06-2012, 11:20 AM   #2
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Re: Children's benefit amounts??? Need opinions and answers PLEASE!!

I can't see why a child isn't eligible for SSDI from both parents. Both parents need to support the child.

BUT I don't feel that monies your ex has received from HER benefits count towards your arrears. Her SSDI child benefits are from HER paying into they system so they don't apply to you.

Talk to your lawyer, I'm pretty sure some/all of your arrears $ could change since you are now disabled. BUT you have to go to court to change it.

Good luck

Pup

 
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