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?

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.
==================

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.
==================

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.
==================

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

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

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

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

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

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