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#1
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retroactive child support BEFORE order
A friend of mine has a 12-year-old child out of wedlock. The father
has never been part of the child's life, but he was persuaded to send support over the years....not court ordered. After he quit sending any money at all, she has decided to take him to court to get child support from his social security disability (for depression). She is a single mom and has been raising this child alone for 12 years. The father once had a very good job and would have been paying a considerably larger amount to her each month. Can she collect any back child support, going back to 1992? Or can she collect no past support because there was no actual court order? And, does it matter that he is on SS disability now? |
#2
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retroactive child support BEFORE order
In article , Amy says...
A friend of mine has a 12-year-old child out of wedlock. The father has never been part of the child's life, but he was persuaded to send support over the years....not court ordered. After he quit sending any money at all, she has decided to take him to court to get child support from his social security disability (for depression). She is a single mom and has been raising this child alone for 12 years. The father once had a very good job and would have been paying a considerably larger amount to her each month. Can she collect any back child support, going back to 1992? Or can she collect no past support because there was no actual court order? And, does it matter that he is on SS disability now? ================= Amy, It is possible that these scenarios can happen--whether any action will happen is a matter of state statute and/or court discretion. Some states award CS retroactively from birth, date of divorce/separation and some establish a limit on retroactive support such as two years, four years.... Some states may not award retroactive support at all if there was no prior order--You will need to research the statutes for the controlling state. If you tell us which state you are dealing with, someone here may have experience with the particular state. Regarding disability--If he is on SSD, his children should be receiving benefits from that. This is where your info isn't clear. You said he earned good money which indicates he would be collecting SSD, not SSI--But, the SSD processing asks for information on dependent children so the child would receive benefits as well. SSI does not provide benefits for dependents but one does not receive SSI unless the SSD is not enough for sustenance--which would not be true for your friend's situation if he/she earned good wages as you state. Anyway--SSD dependent awards reduce the parent's CS amount by the amount of the SSD payment for the child. In other words, if your friend were ordered to pay 300 per month and the child receives 250 per month from your friend's SSD, he/she would only be required to pay 50. per month. ================== |
#3
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retroactive child support BEFORE order
In article , Amy says...
A friend of mine has a 12-year-old child out of wedlock. The father has never been part of the child's life, but he was persuaded to send support over the years....not court ordered. After he quit sending any money at all, she has decided to take him to court to get child support from his social security disability (for depression). She is a single mom and has been raising this child alone for 12 years. The father once had a very good job and would have been paying a considerably larger amount to her each month. Can she collect any back child support, going back to 1992? Or can she collect no past support because there was no actual court order? And, does it matter that he is on SS disability now? ================= Amy, It is possible that these scenarios can happen--whether any action will happen is a matter of state statute and/or court discretion. Some states award CS retroactively from birth, date of divorce/separation and some establish a limit on retroactive support such as two years, four years.... Some states may not award retroactive support at all if there was no prior order--You will need to research the statutes for the controlling state. If you tell us which state you are dealing with, someone here may have experience with the particular state. Regarding disability--If he is on SSD, his children should be receiving benefits from that. This is where your info isn't clear. You said he earned good money which indicates he would be collecting SSD, not SSI--But, the SSD processing asks for information on dependent children so the child would receive benefits as well. SSI does not provide benefits for dependents but one does not receive SSI unless the SSD is not enough for sustenance--which would not be true for your friend's situation if he/she earned good wages as you state. Anyway--SSD dependent awards reduce the parent's CS amount by the amount of the SSD payment for the child. In other words, if your friend were ordered to pay 300 per month and the child receives 250 per month from your friend's SSD, he/she would only be required to pay 50. per month. ================== |
#4
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retroactive child support BEFORE order
In article , Amy says...
A friend of mine has a 12-year-old child out of wedlock. The father has never been part of the child's life, but he was persuaded to send support over the years....not court ordered. After he quit sending any money at all, she has decided to take him to court to get child support from his social security disability (for depression). She is a single mom and has been raising this child alone for 12 years. The father once had a very good job and would have been paying a considerably larger amount to her each month. Can she collect any back child support, going back to 1992? Or can she collect no past support because there was no actual court order? And, does it matter that he is on SS disability now? ================= Amy, It is possible that these scenarios can happen--whether any action will happen is a matter of state statute and/or court discretion. Some states award CS retroactively from birth, date of divorce/separation and some establish a limit on retroactive support such as two years, four years.... Some states may not award retroactive support at all if there was no prior order--You will need to research the statutes for the controlling state. If you tell us which state you are dealing with, someone here may have experience with the particular state. Regarding disability--If he is on SSD, his children should be receiving benefits from that. This is where your info isn't clear. You said he earned good money which indicates he would be collecting SSD, not SSI--But, the SSD processing asks for information on dependent children so the child would receive benefits as well. SSI does not provide benefits for dependents but one does not receive SSI unless the SSD is not enough for sustenance--which would not be true for your friend's situation if he/she earned good wages as you state. Anyway--SSD dependent awards reduce the parent's CS amount by the amount of the SSD payment for the child. In other words, if your friend were ordered to pay 300 per month and the child receives 250 per month from your friend's SSD, he/she would only be required to pay 50. per month. ================== |
#5
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retroactive child support BEFORE order
Gini52 wrote in message ... In article , Amy says... A friend of mine has a 12-year-old child out of wedlock. The father has never been part of the child's life, but he was persuaded to send support over the years....not court ordered. After he quit sending any money at all, she has decided to take him to court to get child support from his social security disability (for depression). She is a single mom and has been raising this child alone for 12 years. The father once had a very good job and would have been paying a considerably larger amount to her each month. Can she collect any back child support, going back to 1992? Or can she collect no past support because there was no actual court order? And, does it matter that he is on SS disability now? ================= Amy, It is possible that these scenarios can happen--whether any action will happen is a matter of state statute and/or court discretion. Some states award CS retroactively from birth, date of divorce/separation and some establish a limit on retroactive support such as two years, four years.... Some states may not award retroactive support at all if there was no prior order--You will need to research the statutes for the controlling state. If you tell us which state you are dealing with, someone here may have experience with the particular state. Regarding disability--If he is on SSD, his children should be receiving benefits from that. This is where your info isn't clear. You said he earned good money which indicates he would be collecting SSD, not SSI--But, the SSD processing asks for information on dependent children so the child would receive benefits as well. SSI does not provide benefits for dependents but one does not receive SSI unless the SSD is not enough for sustenance--which would not be true for your friend's situation if he/she earned good wages as you state. Anyway--SSD dependent awards reduce the parent's CS amount by the amount of the SSD payment for the child. In other words, if your friend were ordered to pay 300 per month and the child receives 250 per month from your friend's SSD, he/she would only be required to pay 50. per month. ================== Gini, So what exactly is the difference between SSD and SSI when someone who is disabled applies? My daughters father is trying to get SSD (I think) because he is in chronic pain due to trying to fly out a hotel window in 1993. He has probably not worked a legal job for more the 5 years of his whole life. I can't see how he can get anything if he hasn't paid anything in. Plus then he claims he will get back pay due to a claim that was filed in 1993 that was not denied but he was then in jail and never got the notices. He also claims that my daughter will be entitled to that same back pay. I have no idea how all this works, just wondering if he is pulling my leg with promises of money again. T |
#6
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retroactive child support BEFORE order
Gini52 wrote in message ... In article , Amy says... A friend of mine has a 12-year-old child out of wedlock. The father has never been part of the child's life, but he was persuaded to send support over the years....not court ordered. After he quit sending any money at all, she has decided to take him to court to get child support from his social security disability (for depression). She is a single mom and has been raising this child alone for 12 years. The father once had a very good job and would have been paying a considerably larger amount to her each month. Can she collect any back child support, going back to 1992? Or can she collect no past support because there was no actual court order? And, does it matter that he is on SS disability now? ================= Amy, It is possible that these scenarios can happen--whether any action will happen is a matter of state statute and/or court discretion. Some states award CS retroactively from birth, date of divorce/separation and some establish a limit on retroactive support such as two years, four years.... Some states may not award retroactive support at all if there was no prior order--You will need to research the statutes for the controlling state. If you tell us which state you are dealing with, someone here may have experience with the particular state. Regarding disability--If he is on SSD, his children should be receiving benefits from that. This is where your info isn't clear. You said he earned good money which indicates he would be collecting SSD, not SSI--But, the SSD processing asks for information on dependent children so the child would receive benefits as well. SSI does not provide benefits for dependents but one does not receive SSI unless the SSD is not enough for sustenance--which would not be true for your friend's situation if he/she earned good wages as you state. Anyway--SSD dependent awards reduce the parent's CS amount by the amount of the SSD payment for the child. In other words, if your friend were ordered to pay 300 per month and the child receives 250 per month from your friend's SSD, he/she would only be required to pay 50. per month. ================== Gini, So what exactly is the difference between SSD and SSI when someone who is disabled applies? My daughters father is trying to get SSD (I think) because he is in chronic pain due to trying to fly out a hotel window in 1993. He has probably not worked a legal job for more the 5 years of his whole life. I can't see how he can get anything if he hasn't paid anything in. Plus then he claims he will get back pay due to a claim that was filed in 1993 that was not denied but he was then in jail and never got the notices. He also claims that my daughter will be entitled to that same back pay. I have no idea how all this works, just wondering if he is pulling my leg with promises of money again. T |
#7
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retroactive child support BEFORE order
Gini52 wrote in message ... In article , Amy says... A friend of mine has a 12-year-old child out of wedlock. The father has never been part of the child's life, but he was persuaded to send support over the years....not court ordered. After he quit sending any money at all, she has decided to take him to court to get child support from his social security disability (for depression). She is a single mom and has been raising this child alone for 12 years. The father once had a very good job and would have been paying a considerably larger amount to her each month. Can she collect any back child support, going back to 1992? Or can she collect no past support because there was no actual court order? And, does it matter that he is on SS disability now? ================= Amy, It is possible that these scenarios can happen--whether any action will happen is a matter of state statute and/or court discretion. Some states award CS retroactively from birth, date of divorce/separation and some establish a limit on retroactive support such as two years, four years.... Some states may not award retroactive support at all if there was no prior order--You will need to research the statutes for the controlling state. If you tell us which state you are dealing with, someone here may have experience with the particular state. Regarding disability--If he is on SSD, his children should be receiving benefits from that. This is where your info isn't clear. You said he earned good money which indicates he would be collecting SSD, not SSI--But, the SSD processing asks for information on dependent children so the child would receive benefits as well. SSI does not provide benefits for dependents but one does not receive SSI unless the SSD is not enough for sustenance--which would not be true for your friend's situation if he/she earned good wages as you state. Anyway--SSD dependent awards reduce the parent's CS amount by the amount of the SSD payment for the child. In other words, if your friend were ordered to pay 300 per month and the child receives 250 per month from your friend's SSD, he/she would only be required to pay 50. per month. ================== Gini, So what exactly is the difference between SSD and SSI when someone who is disabled applies? My daughters father is trying to get SSD (I think) because he is in chronic pain due to trying to fly out a hotel window in 1993. He has probably not worked a legal job for more the 5 years of his whole life. I can't see how he can get anything if he hasn't paid anything in. Plus then he claims he will get back pay due to a claim that was filed in 1993 that was not denied but he was then in jail and never got the notices. He also claims that my daughter will be entitled to that same back pay. I have no idea how all this works, just wondering if he is pulling my leg with promises of money again. T |
#8
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retroactive child support BEFORE order
In article , Tiffany says...
Gini52 wrote ................................................. You said he earned good money which indicates he would be collecting SSD, not SSI--But, the SSD processing asks for information on dependent children so the child would receive benefits as well. SSI does not provide benefits for dependents but one does not receive SSI unless the SSD is not enough for sustenance--which would not be true for your friend's situation if he/she earned good wages as you state. Anyway--SSD dependent awards reduce the parent's CS amount by the amount of the SSD payment for the child. In other words, if your friend were ordered to pay 300 per month and the child receives 250 per month from your friend's SSD, he/she would only be required to pay 50. per month. ================== Gini, So what exactly is the difference between SSD and SSI when someone who is disabled applies? ============== OK--DISCLAIMER: My knowledge of SSD and SSI awards and processing comes only from my two years experience navigating the system on behalf of my adult disabled child. I have no legal or or other training related to Social Security. Here goes: SSI is totally dependent on the disabled person's income/resources at time of application and continually thereafter. SSI is *only* awarded when a person has not paid in enough Social Security to receive a sustenance level amount of SSD. This happens when the worker had low or sporadic income. SSI provides *no* payments to dependents. SSD is awarded on the basis of the applicant's prior earned income and is not contingent on resources/assets. SSD does provide payments to dependents *if* the disabled person's SSD award exceeds their own sustenance need. Both SSD and SSI provide retroactive payments with lump sum awards and a person may qualify for both SSD and SSI. However, if a person receives an SSD award, the SSI award will be reduced by the amount of the SSD income, as it (SSI) is needs/income dependant. Scenarios: 1. If a person is/becomes disabled but hasn't paid in much Social Security, the person may receive SSI instead of/or in addition to, SSD. Say the person qualifies for an SSD amount of 200. a month (based on their prior earnings)--This is not enough to live on so the person can receive an additional 400. SSI benefit (max SSI income is 600. mo+/-). Because the SSD is so little, the child/children *will not* receive any payments from SSD--it will all go to the "awardee." 2. If a person paid in enough Social Security to receive a 1000. a month benefit, the dependents will receive some of the money (I can't say how much). This will reduce the amount of CS the obligor pays for the child. In this scenario, both the awardee and his dependents will receive a retroactive amount. (More Below) =============================================== My daughters father is trying to get SSD (I think) because he is in chronic pain due to trying to fly out a hotel window in 1993. =============================================== His award will be calculated to the time of the onset of the disability. (This date can be negotiated by an attorney) =============================================== He has probably not worked a legal job for more the 5 years of his whole life. I can't see how he can get anything if he hasn't paid anything in. =============================================== He probably can't get much if he didn't pay much in (as explained above). =============================================== Plus then he claims he will get back pay due to a claim that was filed in 1993 that was not denied but he was then in jail and never got the notices. =============================================== This may be true. =============================================== He also claims that my daughter will be entitled to that same back pay. =============================================== If and only if, she is entitled to a portion of an *SSD* award as explained above. =============================================== I have no idea how all this works, just wondering if he is pulling my leg with promises of money again. =============================================== The SS system, including SSD and SSI is *very* complicated. He may not be ~intending~ to pull your leg--He just might not be aware of how awards are determined or the difference in how dependents are treated with SSD and SSI. Hope this doesn't confuse you more. =============================================== =============================================== T |
#9
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retroactive child support BEFORE order
In article , Tiffany says...
Gini52 wrote ................................................. You said he earned good money which indicates he would be collecting SSD, not SSI--But, the SSD processing asks for information on dependent children so the child would receive benefits as well. SSI does not provide benefits for dependents but one does not receive SSI unless the SSD is not enough for sustenance--which would not be true for your friend's situation if he/she earned good wages as you state. Anyway--SSD dependent awards reduce the parent's CS amount by the amount of the SSD payment for the child. In other words, if your friend were ordered to pay 300 per month and the child receives 250 per month from your friend's SSD, he/she would only be required to pay 50. per month. ================== Gini, So what exactly is the difference between SSD and SSI when someone who is disabled applies? ============== OK--DISCLAIMER: My knowledge of SSD and SSI awards and processing comes only from my two years experience navigating the system on behalf of my adult disabled child. I have no legal or or other training related to Social Security. Here goes: SSI is totally dependent on the disabled person's income/resources at time of application and continually thereafter. SSI is *only* awarded when a person has not paid in enough Social Security to receive a sustenance level amount of SSD. This happens when the worker had low or sporadic income. SSI provides *no* payments to dependents. SSD is awarded on the basis of the applicant's prior earned income and is not contingent on resources/assets. SSD does provide payments to dependents *if* the disabled person's SSD award exceeds their own sustenance need. Both SSD and SSI provide retroactive payments with lump sum awards and a person may qualify for both SSD and SSI. However, if a person receives an SSD award, the SSI award will be reduced by the amount of the SSD income, as it (SSI) is needs/income dependant. Scenarios: 1. If a person is/becomes disabled but hasn't paid in much Social Security, the person may receive SSI instead of/or in addition to, SSD. Say the person qualifies for an SSD amount of 200. a month (based on their prior earnings)--This is not enough to live on so the person can receive an additional 400. SSI benefit (max SSI income is 600. mo+/-). Because the SSD is so little, the child/children *will not* receive any payments from SSD--it will all go to the "awardee." 2. If a person paid in enough Social Security to receive a 1000. a month benefit, the dependents will receive some of the money (I can't say how much). This will reduce the amount of CS the obligor pays for the child. In this scenario, both the awardee and his dependents will receive a retroactive amount. (More Below) =============================================== My daughters father is trying to get SSD (I think) because he is in chronic pain due to trying to fly out a hotel window in 1993. =============================================== His award will be calculated to the time of the onset of the disability. (This date can be negotiated by an attorney) =============================================== He has probably not worked a legal job for more the 5 years of his whole life. I can't see how he can get anything if he hasn't paid anything in. =============================================== He probably can't get much if he didn't pay much in (as explained above). =============================================== Plus then he claims he will get back pay due to a claim that was filed in 1993 that was not denied but he was then in jail and never got the notices. =============================================== This may be true. =============================================== He also claims that my daughter will be entitled to that same back pay. =============================================== If and only if, she is entitled to a portion of an *SSD* award as explained above. =============================================== I have no idea how all this works, just wondering if he is pulling my leg with promises of money again. =============================================== The SS system, including SSD and SSI is *very* complicated. He may not be ~intending~ to pull your leg--He just might not be aware of how awards are determined or the difference in how dependents are treated with SSD and SSI. Hope this doesn't confuse you more. =============================================== =============================================== T |
#10
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retroactive child support BEFORE order
In article , Tiffany says...
Gini52 wrote ................................................. You said he earned good money which indicates he would be collecting SSD, not SSI--But, the SSD processing asks for information on dependent children so the child would receive benefits as well. SSI does not provide benefits for dependents but one does not receive SSI unless the SSD is not enough for sustenance--which would not be true for your friend's situation if he/she earned good wages as you state. Anyway--SSD dependent awards reduce the parent's CS amount by the amount of the SSD payment for the child. In other words, if your friend were ordered to pay 300 per month and the child receives 250 per month from your friend's SSD, he/she would only be required to pay 50. per month. ================== Gini, So what exactly is the difference between SSD and SSI when someone who is disabled applies? ============== OK--DISCLAIMER: My knowledge of SSD and SSI awards and processing comes only from my two years experience navigating the system on behalf of my adult disabled child. I have no legal or or other training related to Social Security. Here goes: SSI is totally dependent on the disabled person's income/resources at time of application and continually thereafter. SSI is *only* awarded when a person has not paid in enough Social Security to receive a sustenance level amount of SSD. This happens when the worker had low or sporadic income. SSI provides *no* payments to dependents. SSD is awarded on the basis of the applicant's prior earned income and is not contingent on resources/assets. SSD does provide payments to dependents *if* the disabled person's SSD award exceeds their own sustenance need. Both SSD and SSI provide retroactive payments with lump sum awards and a person may qualify for both SSD and SSI. However, if a person receives an SSD award, the SSI award will be reduced by the amount of the SSD income, as it (SSI) is needs/income dependant. Scenarios: 1. If a person is/becomes disabled but hasn't paid in much Social Security, the person may receive SSI instead of/or in addition to, SSD. Say the person qualifies for an SSD amount of 200. a month (based on their prior earnings)--This is not enough to live on so the person can receive an additional 400. SSI benefit (max SSI income is 600. mo+/-). Because the SSD is so little, the child/children *will not* receive any payments from SSD--it will all go to the "awardee." 2. If a person paid in enough Social Security to receive a 1000. a month benefit, the dependents will receive some of the money (I can't say how much). This will reduce the amount of CS the obligor pays for the child. In this scenario, both the awardee and his dependents will receive a retroactive amount. (More Below) =============================================== My daughters father is trying to get SSD (I think) because he is in chronic pain due to trying to fly out a hotel window in 1993. =============================================== His award will be calculated to the time of the onset of the disability. (This date can be negotiated by an attorney) =============================================== He has probably not worked a legal job for more the 5 years of his whole life. I can't see how he can get anything if he hasn't paid anything in. =============================================== He probably can't get much if he didn't pay much in (as explained above). =============================================== Plus then he claims he will get back pay due to a claim that was filed in 1993 that was not denied but he was then in jail and never got the notices. =============================================== This may be true. =============================================== He also claims that my daughter will be entitled to that same back pay. =============================================== If and only if, she is entitled to a portion of an *SSD* award as explained above. =============================================== I have no idea how all this works, just wondering if he is pulling my leg with promises of money again. =============================================== The SS system, including SSD and SSI is *very* complicated. He may not be ~intending~ to pull your leg--He just might not be aware of how awards are determined or the difference in how dependents are treated with SSD and SSI. Hope this doesn't confuse you more. =============================================== =============================================== T |
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