mommydaisy 03-10-2009, 12:00 PM my husband will start collecting SSDI in July and he has a child in TN that he's paying child support to. I was told that child can be eligible to receive benefits too. Will my husband still have to pay child support from his disability income if the child will be getting money on his behalf?
my husband will start collecting SSDI in July and he has a child in TN that he's paying child support to. I was told that child can be eligible to receive benefits too. Will my husband still have to pay child support from his disability income if the child will be getting money on his behalf?
Yes, his child is eligible for SS benefits, which needs to be set up ASAP.
As soon as it is, he needs to file for a modification of the CS order. The court can apply the child's benefits to whatever CS amount is ordered.
Example: Court orders $300.00 per month CS. Child recieves $150.00 per month from SS due to NCP's disablity. The NCP only has to pay the $150.00 balance after deducting the child's SS.
mommydaisy 03-10-2009, 05:37 PM me & my husband have a 2 year old son and I know he's entitled to benefits also. How about me, am I entitled too? even if I'm employed? and thanks for your reply.
me & my husband have a 2 year old son and I know he's entitled to benefits also. How about me, am I entitled too? even if I'm employed? and thanks for your reply.
Unfortunately, no, you do not qualify for benefits due to your husband's disability.
mommydaisy 03-12-2009, 07:00 AM i hope this law is true to state of TN. bec. they have always been a pain in my husband's situation. I'm just worried that they will take money from his disabilty plus the money child will be getting. I just don't trust them anymore. Should we get a lawyer? I'm crossing my fingers the judge will follow the law.
i hope this law is true to state of TN. bec. they have always been a pain in my husband's situation. I'm just worried that they will take money from his disabilty plus the money child will be getting. I just don't trust them anymore. Should we get a lawyer? I'm crossing my fingers the judge will follow the law.
He should file right away and ask for the modification to be retro back to the filing date. Hiring an attorney always helps, so if you have the money you should do so.
mommydaisy 03-12-2009, 02:14 PM He will be in court next month for reduction on his support since he lost his unemployment benefits. so he'll inform them of his disability award ( he just got award letter 2 weeks ago) and already applied for the child in TN. so i am thinking this will be the last time he has to appear in court & the judge should already will figure out that my husband doesn't need to pay child support anymore. But if not, then he'll have to request another hearing to eliminate support right?
He will be in court next month for reduction on his support since he lost his unemployment benefits. so he'll inform them of his disability award ( he just got award letter 2 weeks ago) and already applied for the child in TN. so i am thinking this will be the last time he has to appear in court & the judge should already will figure out that my husband doesn't need to pay child support anymore. But if not, then he'll have to request another hearing to eliminate support right?
Okay, so a modification has already been filed for. That's good, all he'll need to do will be to bring proof of his benefits and proof of child's benefits to court.
Will the child's benefits be as much as, or more than the court ordered support?
mommydaisy 03-12-2009, 05:12 PM he'll be getting $1700/month. this is the same amt. he was getting from unemployment. court ordered him to pay $450/mo from this unemployment. now the child will be getting $500/mo from SS. so it's more than the court should order. How abt. health insurance for the child? will my husband still have to provide for it?
he'll be getting $1700/month. this is the same amt. he was getting from unemployment. court ordered him to pay $450/mo from this unemployment. now the child will be getting $500/mo from SS. so it's more than the court should order. How abt. health insurance for the child? will my husband still have to provide for it?
Good, that means that he probably won't have to pay any support.
I don't know for sure about the insurance. Usually that is ordered only if it is available to the NCP through job or at a reasonable price.
mommydaisy 04-23-2009, 05:43 PM i need an opinion! my husband filed for benefits for his other child. but he mom doesn't seem to want to cooperate with ss to get her child set up. SS have tried contacting her but no luck (w/c is soo silly really.. i mean it's for her benefits) will this affect or delay my husband's benefits? or can he just withdraw that child's benefits & give it all to our son?
i need an opinion! my husband filed for benefits for his other child. but he mom doesn't seem to want to cooperate with ss to get her child set up. SS have tried contacting her but no luck (w/c is soo silly really.. i mean it's for her benefits) will this affect or delay my husband's benefits? or can he just withdraw that child's benefits & give it all to our son?
No, he cannot give the other child's benefits to your son.
Has he filed for that CS modification yet?
He should be sure to tell the court that ex is refusing to cooperate with the SSA, that way he'll still be able to recieve credit in court for the benefits even though ex is refusing to take them.
No, it shouldn't delay your husband's benefits.
mommydaisy 04-25-2009, 05:38 AM thanks! yes he has filed for modification, but no date yet. his unemployment ended dec. last year, until now he still paying $450/month even tho he's got no income. this CS ordeal has been going on for a long time now, it's frustrating!
thanks! yes he has filed for modification, but no date yet. his unemployment ended dec. last year, until now he still paying $450/month even tho he's got no income. this CS ordeal has been going on for a long time now, it's frustrating!
I know it's frustrating, but it will get worked out. When he goes to court, he needs to bring proof that ex is refusing to cooperate, he should talk to his SSA caseworker to see what kind of documentation they can provide him to take to court.
mommydaisy 04-28-2009, 03:22 AM thanks!so when my husband called & applied for his two children's benefits, he was told each child will get $425/mo. then just recently we learned that SS tried to contact the mother but no response. so yesterday we got mail from SS showing our son is awarded $850/month (w/c has doubled). does this mean that SS has given up on the other child? we have tried to contact SS but no luck. how will this affect my husband's child support? can he still get credit if he can provide proof of the mother's refusal to cooperate?
thanks!so when my husband called & applied for his two children's benefits, he was told each child will get $425/mo. then just recently we learned that SS tried to contact the mother but no response. so yesterday we got mail from SS showing our son is awarded $850/month (w/c has doubled). does this mean that SS has given up on the other child? we have tried to contact SS but no luck. how will this affect my husband's child support? can he still get credit if he can provide proof of the mother's refusal to cooperate?
well, I guess you really do learn something new every day. I had no idea that SS could do that.:o
Your husband should still prove in court that ex has refused to cooperate. Just to be on the safe side, he should save the amount from SS that would have gone to his ex, just in case the Judge orders him to pay.
mommydaisy 04-30-2009, 07:17 PM finally my husband talked to somebody from SSA. he was told that normally if that's the case then they will find another payee. and he also asked if he can have documentation of the woman's refusal but he was told they couldn' t do that. (the woman is not his ex, they were not married). all we have is an email I sent back in april telling her abt. the situation. and I don't know what else I can do to get proof. i guess it'll be just his words @ the court hearing.
finally my husband talked to somebody from SSA. he was told that normally if that's the case then they will find another payee. and he also asked if he can have documentation of the woman's refusal but he was told they couldn' t do that. (the woman is not his ex, they were not married). all we have is an email I sent back in april telling her abt. the situation. and I don't know what else I can do to get proof. i guess it'll be just his words @ the court hearing.
Your husband should contact the SSA again and ask the he be made the payee, then he can just forward the money to ex. however, he needs to make sure that those payments are sent through the court/disbursement unit.
Actually, come to think of it, it would be better if he asks the court to order that the SS benefits be made that way.
mommydaisy 06-06-2009, 08:08 AM so my husband went to court last week & the state will take out money from SSA for the other child & also my husband has to pay $150/month which will be taken out from his benefits & will go straight to CS dept. this is good news but they really will get as much as they can for the other child. no doubt abt. that. I didn't understand why they added my son's benefits as my husband's income when the state law says that any benefits for other children is excluded as the parent's gross income. To me it's like taking my son's benefits away for the other child. But we're not going to argue this anymore bec. we're soo tired going to this place interacting with these kinds of people. thank you Xena for all your advice. god bless you!!
so my husband went to court last week & the state will take out money from SSA for the other child & also my husband has to pay $150/month which will be taken out from his benefits & will go straight to CS dept. this is good news but they really will get as much as they can for the other child. no doubt abt. that. I didn't understand why they added my son's benefits as my husband's income when the state law says that any benefits for other children is excluded as the parent's gross income. To me it's like taking my son's benefits away for the other child. But we're not going to argue this anymore bec. we're soo tired going to this place interacting with these kinds of people. thank you Xena for all your advice. god bless you!!
Be sure to bring up the problem of your son's benefits being added next time there is a modification done.
mommydaisy 08-15-2009, 01:39 PM xena, i need your opinion. my husband is receiving SSD benefits & so as the woman's child. now, she's mailing all these doctor's bills that her child has seen. she's telling us that CCs told her to that my husband is obligated to pay half of the bills. her child is covered under my health insurance. is this even true? can they do that? also I noticed that the child's last name has been changed (now it's the woman's last name-she's married). and I wonder if the man has adopted the child. they've been telling us that her husband has been working on it. how can we find out? and if it's true, is my husband free from this tiring & aweful child support? pls. help!
xena, i need your opinion. my husband is receiving SSD benefits & so as the woman's child. now, she's mailing all these doctor's bills that her child has seen. she's telling us that CCs told her to that my husband is obligated to pay half of the bills. her child is covered under my health insurance. is this even true? can they do that? also I noticed that the child's last name has been changed (now it's the woman's last name-she's married). and I wonder if the man has adopted the child. they've been telling us that her husband has been working on it. how can we find out? and if it's true, is my husband free from this tiring & aweful child support? pls. help!
Does your husband's existing court order have anything in it requireing him to pay any percentage of the medical?
Whatever the order says is what he needs to go by. If it says 50% or some other percenatge,, then that's what he pays, if the order is silent on the medical he does not have to pay unless the court orders him to.
Has the child's name been legally changed through the court?
He'll need to do a search of the court records to find out.
The mother might just be using the new name without actually legally changing it.
Has your husband ever been legally notified of a petition to TPR and adoption?
If not, then the adoption most likely hasn't happened, but he can check the court files to find out for sure.
mommydaisy 08-18-2009, 11:53 AM yes, he's ordered to pay 50% but he woman sent medical/dental bills dated 2-3 years ago. and back then they had med insurance thru my husband. she's threatening my husband she'll let CCS know if she doesn't get reply back w/in 30 days.
we haven't received any legal document abt. TPR & we knew her husband will not adopt the kid bec it seems the child support is their main source of income. the woman don't want to work. we were just wondering abt. the name change. the kid is 12 y/o so when she'turns 18, will my son get the benefit she's getting?
yes, he's ordered to pay 50% but he woman sent medical/dental bills dated 2-3 years ago. and back then they had med insurance thru my husband. she's threatening my husband she'll let CCS know if she doesn't get reply back w/in 30 days.
we haven't received any legal document abt. TPR & we knew her husband will not adopt the kid bec it seems the child support is their main source of income. the woman don't want to work. we were just wondering abt. the name change. the kid is 12 y/o so when she'turns 18, will my son get the benefit she's getting?
How long ago was he ordered to pay the 50%?
Has he asked her why she didn't send the bills in a timely manner?
if so, what is her excuse for not sending them sooner?
I believe that when the oloder child reaches 18, that portion will be added to your child's benefit. However, I'm not real sure on that, so contact the SSA about it in about 5 yrs or 6 months before the elder child's 18th birthday.
mommydaisy 08-19-2009, 06:05 AM he was ordered to pay april this year. and this woman & her husband will do anything to nickel & dime my husband. and back on those dates stated on the doc's bill my husband was working then & provided very good insurance. it's not his fault if the woman didn't use the ins card. and now she's saying shell send chiropractor bills asap. i don't think seeing chiropractor even counts. (she sends her 12 y/o to a chiro) --soo mentally unstable.
he was ordered to pay april this year. and this woman & her husband will do anything to nickel & dime my husband. and back on those dates stated on the doc's bill my husband was working then & provided very good insurance. it's not his fault if the woman didn't use the ins card. and now she's saying shell send chiropractor bills asap. i don't think seeing chiropractor even counts. (she sends her 12 y/o to a chiro) --soo mentally unstable.
Does his court order state that the medical was retroactive to any time before the court order?
If not, he doesn't have to pay any bills from before whatever date the court order states.
mommydaisy 08-24-2009, 11:12 AM no, doesn't say that. it says petitioner shall submit proof of expenses within 30 days of incurring same. my husband sent her a letter highlighting the dates. but I'm pretty sure she'll contact CCS abt this.
no, doesn't say that. it says petitioner shall submit proof of expenses within 30 days of incurring same.
She didn't submit them within the ordered time frame, so he doesn't have to pay, and he has the best possible defense in that the order was written that way.
mommydaisy 10-01-2009, 06:54 AM we received a letter from child support referee & she's taking the woman's side (of course). she made copies of the original order way back in 1998 showing both parties will pay equal amt. not covered by insurance. my husband didn't know or realized this- until this year when he went to court. so now i'm pretty sure the woman will dig up all bills she can find. Everytime we try to get assistance with CS in that state they would always find a way to get that woman to collect more. so there's nothing we can do but pay- i don't understand why people just sit there, not work & try to nickle & dime a disabled person.
we received a letter from child support referee & she's taking the woman's side (of course). she made copies of the original order way back in 1998 showing both parties will pay equal amt. not covered by insurance. my husband didn't know or realized this- until this year when he went to court. so now i'm pretty sure the woman will dig up all bills she can find. Everytime we try to get assistance with CS in that state they would always find a way to get that woman to collect more. so there's nothing we can do but pay- i don't understand why people just sit there, not work & try to nickle & dime a disabled person.
Your husband really needs to take copies of all of his orders to a local attorney for a consult. There should be something he can do about now being charged for bills many years old that ex did not notify him about.
It's definately worth the small cost of a consult to find out for sure.
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