Ask a Lawyer: SSI and child support

Question:

My child’s father has been paying child support for the past two years while unemployed. He has now been approved for disability and they are going to make it retroactive to Aug. 2005. My child has also been approved and also will be made retroactive. Since I am the custodial parent the payment will come to me. Her father is stating that I need to return the past 2 years of child support to him from this lump sum payment since the amount is greater than his ordered payments. I think the money should be given to my 17 year old to apply towards college since he will stop payments at age 18 and has no order to help with college. Will I have to return the child support paid for the last two years?

Answer:

I am not licensed in Kentucky. However, I do not believe you are obligated to return the child support. The disability is not the same as support. If your ex has a pending child support modification then his support may be reduced retroactively. Even so, any money already received by you would be considered a gift and not recoverable. Do not return the money unless ordered to do so by a Court.
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4 comments on “Ask a Lawyer: SSI and child support

    Can SSI be garnished?
    My husband has been on disability for the past 10 years. He is on SSI. He has a child from a previous relationship and his mother has been getting her support payments from SSI. We now have a child of our own and after talking to Social Security have found out that we can claim our child and get half of the money the birth mom gets. (All the money set aside is for all of his children, not just hers) We are doing this b/c we need the money and she doesn’t. However, she is going to be very angry when she finds her support is being cut in half. Is there anyway she can take my husband to court and get more money when its cut in half?

    My daughters father says that he is not obligated to pay child support because he is on SSI or SSD in not sure. He and his family has been getting over on the system since he was a child. There is nothing the matter with him. He dances and gets payed for it. Social Security has no record of it though. It might be under the table im not sure. this is so unfair my daughter is intitled to nothing. Is there no way around this

    20 year old divorce agreement for 1/2 college tuition
    What exactly is your question? Are you asking whether you can file suit on behalf of your children if they are over 18? If so, the answer is no. An exception for your son could be made if he is deemed mentally incompetent by the state. But, since he lives independently and attends a University, I would venture to guess that he is competent. If your children want to pursue this matter, that is their choice to make. Your financial status is not a factor in determining the outcome.

    20 year old divorce agreement for 1/2 college tuition
    My children are now 32 and 27..My son, the 27 yr old, is disabled, and has been since birth. He is struggling through college, and has been on SSI since he is 18, has had help from social services, energy assistance, epilepsy foundation, DORS, food stamps,MTA transportation, and my using credit cards to get him through special needs Junior college in order to get him to a regular 4 year University. He is finally living independently in Baltimore and going to Towson University and is a Sophomore, has been invited to the Disability Honor society, and is the Maryland Rep for the Sturge Weber Foundation. He lives in Baltimore to be near all of his specialists in the Sturge Weber center for excellence. I am a county RN. I have advocated and struggled financially to do the best I can for him. My daughter went to California and got herself a degree in Chemistry with scholarships and working as a waitress at Hooters rollerskating.She is wanting to get married to her fiancee and begging her father for help for a wedding. He his SAYING he will give her money, but…with no history of helping either child with college, as was in our divorce agreement..I was wondering..
    Our divorce agreement stated that he would pay for 1/2 the tuition for both children at the cost equivalent of the University of Maryland’s tuition.(we both lived in Maryland at the time, and both of us attended U of Md.) Since I paid for everything for my son, so far, plus my son got help this semester from one Pell grant, and my daughter might have gotten some help from him, but I have no idea, she is too angry at me for even bringing this idea up now, with her wedding…
    Is it too late to go to court and enforce the college clause for 1/2 the tuition? I never asked for it before because I was just too worn out after all those years, I didn’t want to fight any more. But I’m thinking this is not fair. he is a very wealthy Optometrist and I’m just a single RN working for local Gov living in credit card debt?

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