If you have legal custody via a court order, and he actually applied
for her also (family benefit), simply go to the nearest SSA office,
present them with the CO and ask to be made "Representative Payee".
They are very cooperative in this matter and it will be taken care of.
If you have legal custody via a court order, and he actually applied
for her also (family benefit), simply go to the nearest SSA office,
present them with the CO and ask to be made "Representative Payee".
They are very cooperative in this matter and it will be taken care of.
She has already graduated H.S. and is no longer entitled to benefits.
If he was claiming the daughter he could be charged with fraud unless
he used all of her money for her needs. There is just not enough
information presented to make heads or tails of this situation as far
as I'm concerned. The somewhere near $1500.00 could have been all his
share and he never claimed the daughter or it could have been the
combined benefit. A visit to her local SS office could yield much
better facts. Was it a sole custody situation or did he have
visitation or even shared custody?
Opps..jeez..I need to read better...duh...
You are 100% correct.
As far as custody, it depends on the state and every state is
different. In Illinois, it would go to whoever has physcial custody,
as there is no such thing as shared custody (a lot of other states are
like this also).
To add, she is still going to need to present them with a copy of the
court order or they won't discuss a thing with her. I wonder what SSA
would do if he had been collecting it and not turning it over. They
won't make a double payment. She would probably need to get a
judgement from the courts and then garnish it from his SSDI (which we
all know can be done)
Is there any chance she has run out of time? I don't mean to cast
aspersions on her, but she's waited a loooong time, and her daughter is a
big girl now, and all of a sudden the ex wants to possibly take money from a
disabled man?
Regardless, the best thing is to head to the local SSA office with every
document she can think of. I dunno what they'll think of her waiting this
long, but stranger things have happened.....
Thanks for the latest e-mail. Just to clarify, my ex was approved for
ss Disability in Nov., of 2005. He has been receiving app $1500
dollars a mth. We have 3 children I have full custody of our
youngest daughter who was 17 yrs old and a jr in High School at the
time. I was suppose to get the child benefit of app $750.00 a mth to
help with schooling, housing ,medical etc. This is a seperate payment
to go to the parent who has custody, which is myself. My daughter and
I did not know of this until Nov 07. The money has been going know
where. My ex kept this info from me and our child. Very cruel on his
part. We were told we could only go back 12 mths from Nov 07. We
received 8 mths but now have to appeal back to Nov 05. The benefits
stopped June 07 when she graduated from High School. Ant thoughts???
No, you were =eligible= to apply; it is not automatic. =You= failed to
take the proper action due to not finding out what is arguably his
=personal= medical information (think HIPAA) until November.
the child benefit of app $750.00 a mth to
> help with schooling, housing ,medical etc. This is a seperate payment
> to go to the parent who has custody, which is myself. My daughter and
> I did not know of this until Nov 07.
I would argue that as long as he was paying his child support, it was
not exactly your business. However, if he wasn't paying, and =knew= he could
get the money for his daughter and did not do so, shame on him. But then
again, many women look at child support etc as "free money". My soon to be
ex spent hers on hair dye and eating out.
Sorry if I'm a bit angry sounding, but I am currently getting a divorce
from my new wife who stole my children's SS Survivors Benefits (their mother
died when they were in Elem. school) so her 24yo daughter could pay her rent
after blowing all her money on dog toys, eating out, and buying =socks=.
She's a sock freak.....
The money has been going know
> where. My ex kept this info from me and our child. Very cruel on his
> part.
He probably had no idea; just getting =yourself= approved is hard
enough, plus being disabled is no fun either..... I had no idea about this
program until after I collected SSDI for 3.5 years; it's not like they tell
you all about it when they approve you. Cut the guy some slack, geez.... Do
you trip blind people?
We were told we could only go back 12 mths from Nov 07. We
> received 8 mths but now have to appeal back to Nov 05. The benefits
> stopped June 07 when she graduated from High School. Ant thoughts???
You can only go back 12 months. That's the rules. She's an adult, not a
three year old. Tell her to get a job; I wish I could......
Jim
My ex had a very good attorney, he was ordered not to pay child
support plus he kept this money from us!!!
He was living off of the state and they assisted him in getting SSI.
I'm happy for him. He worked over 20 yrs at a job, he basically drank
himself to death. He w3as cruel to keep this info from us.. He admited
he did it on purpose. We both work and go to school, just getting by
like the majority of this country.
sounds like you have gone through something similar. I have learned a
lot through this. We need to be our own advocate and take care of
ourselves. We can't trust people to do the right thing. GOOD LUCK TO
YOU!!!!
Yes, he did know. His sister was also in on it. He was using her
address when he applied. She received 2 letters one dated March of
06, the other dated June of 06. It said we have benefits here for
your dependent child. Please apply for these, if your not in custody
of her, please inform parent who is. 1 month later my daughter was at
Grandpa and grandmas house.(his parents} NO ONE LOOKED OUT FOR
HER???? We all live in the same town. I find this cruel.
How can he be ordered not to pay child support? That's almost
impossible...... If his atty advised him to do that, then he is a
scum-sucking dog and maybe we should get together and hook him up with my
wife. :-) She will surely ruin any man in no time flat. It's costing me over
$100,000 to get rid of her, but it's money well spent.
> He was living off of the state and they assisted him in getting SSI.
> I'm happy for him. He worked over 20 yrs at a job, he basically drank
> himself to death. He w3as cruel to keep this info from us.. He admited
> he did it on purpose. We both work and go to school, just getting by
> like the majority of this country.
Then you are justifiably PO'd and I salute you, ma'am, in your attempts
to cause him every ounce of pain you can! I pressed charges against my wife
and it seems that in Missouri they only care if a =man= hits his spouse, not
the other way around. I can't even get the detective to e-mail me the photos
they took of my injuries.
You have certainly got that right. I have never known anyone like my
wife; she has got to be the most two-faced, meanest human being alive. When
we first got married a couple years ago, a few years after my wife of 16
years died and left me with 3 kids in elementary school when I was only 42,
she was as sweet as pecan pie. I had considerable assets, as both my wife
and mother died in a short period of time, and I had inheritance, life
insurance, etc. When all is said and done, it will have cost me over
$100,000 for each of the years we were together. I'm looking at a little
cottage in the country, for under $60,000. Right now I have a 5 BR home in
KC, MO on 3 acres that I paid cash for. The loss of half my home by getting
rid of the psycho is one of the greatest blessings I've ever had. I, and my
3 children, are almost ecstatic.....
God bless ya!
Jim
I wonder if Child Protective Services, or the SSA would find this to be
neglect or cruelty on his part....
I'd hit him low, and hard....
My ex sounds alot like yours. My three kids are also very happy that
we finally got a divorce. And they are all our biological children
together. They agree in the divorce and know that it was for the
best. My ex is so controlling... he just e-mailed our youngest
daughter and said the money she gets (if she gets it) from ss is her's
not moms. We have appealed through the ss office, my daughter signed a
statement saying her father kept this money away from us as another
way to hurt mom. This was 13 weeks ago. All I can do is wait.
You don't say what year your divorce was finalized or, if done separately
from the divorce, when custody of the child in question was given to you.
This could be vital if the custody order occurred after your ex was already
on SS because it seems like he would have been in direct violation of the
court if he did not disclose all information regarding all possible monies
available to your child. In this case, the judge might order your ex to pay
any back amount your child should have received and didn't because of your
ex's willful non-disclosure. I know this was the case for someone I know who
willfully withheld income information at the time of a custody change. In
other words, the non-custodial parent stated she was unemployed, when, in
fact, it was later proven she wasn't.
If your divorce was prior to the time your ex became disabled, you might
still want to have a talk to the child enforcement agency. This may not
constitute a child support matter. In one sense, it isn't. But in another
sense, it is, especially since your ex was the person who could have easily
advised you when he began drawing SS benefits and, thus, when benefits
became available to his child. In other words, if there was no way you could
possibly have had knowledge about his switch to SS, and, thus, even have had
a clue that money might be available to your child--or any way you could
have know that you should have had the presence of mind to investigate the
possibility of monies due your child--then the court may (just may) consider
this and possibly (slim chance, but still something worth checking?) order
your ex to pay any back amount your child should have received but didn't
and are unable to obtain from SS through the SS appeal process. I say slim
chance because, even though it's scarcely the same thing, I've never heard
of retropayment being ordered when a non-custodial parent received a
sizeable increase in income that the non-custodial parent had no way of
knowing in order to ask for a child support adjustment. But I did hear of
one instance where a non-custodial parent hit the lotto in a HUGE way and
the court ordered the non-custodial parent to pay a percentage of the money
already paid out to the non-custodial parent several years later under the
premise that it was several years before the custodial parent could have
possibly gained knowledge of the event. Like I said, though, these
situations are vastly different from a non-custodial parent not informing a
custodial parent of possibility benefits due his child through SS.
You will probably do best to go to your local child support agency and ask
questions, but the below site may also be helpful:
http://www.acf.hhs.gov/programs/cse/
The site does not specifically address your situation, but there is an area
where you can submit questions.
Another possibility might be to sue for the money, like a debt owed. Since
the child in question is now 18, she should probably join in the suit along
with you, if you decide to try that route.
These are all just possibilities--things to possibly consider and
investigate. I am not a lawyer. I am not affiliated with any court or child
support enforcement agency. I am just tossing ideas out.
And, as clarification, although I think you already realize this. Unlike
child support ordered via a divorce court, SS requires actual accountings to
them of the money--how it was spent solely for the benefit of the
child--which can include the percentage of the household bills (rent,
utilities, food, etc.) paid to for the benefit of your child as well as any
money spent directy for her needs. In most cases, accounting for the money
is not as difficult as it sounds. For example, if it was just you and the
child question the entire time, 50% of your household bills for the entire
period may very well have exceeded $750 a month. If it were you, the child
in questions, and another person, the child's share of the household bills
would then become 33.33%. Just be prepared to do this type of accounting to
SS. It would mostly likely even be helpful, along with an outline of your
own financial picture (income and obligations), if you find out that you are
able to (and decide to) go before a judge because it would mostly likely be
imperative to show your child was significantly denied financially because
of your ex's actions.
The worst part of this is that my ex would wait on me hand and foot
practically, and then in a flash, turn around and throw things in violent
fits, threatening to kill me if I ever left her. THAT is why I got a court
order and had two cops toss her out (after I secured all the guns in the
home) while my kids and I waited outside. She acts like she has NO IDEA WHY
all this is happening.
She told me throughout our brief marriage about all these horrible,
mean, terrible, nasty things her first husband said about her. IMHO, these
things belong in the Bible next to Matthew, Mark, Luke and John, because
they are God's Honest Truth!
She pretends to be a fine upstanding decent Christian woman, but she
made fun of my late wife being a virgin on our wedding night.... Why would
she make fun of someone she's never met, who is dead, and only followed her
religious convictions? LOON, LOON, LOON!!!!!
Just so you don't misunderstand, he is correct on that point. The money
for a dependent child is to be spent on the child's behalf. It is *not*
a free ride for a parent or parents to spend the dependents SS money on
whatever they want. For example, you can spent an appropriate percentage
of her funds on housing or food. The check is *not* there to cover the
entire housing costs or 100% of the groceries purchased for the entire
family.
Rick
For example, you can spent an appropriate percentage
> of her funds on housing or food. The check is *not* there to cover the
> entire housing costs or 100% of the groceries purchased for the entire
> family.
And those of us who are conscientious about how much and what percentage
tremble when that SSA-623 form comes every year..... This year is going to
be a mess; thanks to Bro. Jack, I got 24 grand in arrears for my kids. How
the heck do I account for that?????????????????????????????????????
Jim
By simply putting down the money was spent for the kids and if
applicable putting down how much has been deposited as savings for the
kids. They do not ask for an audited accounting unless they think you
lied about using the money for the dependants. So just keep rent, food
and clothing receipts in case someone reports you are lying to them.
This is true. That's common sense. I received the house in our
divorce. As everyone knows it takes a lot to keep and maintain a
house. All of that money would have went for housing, food , medical
and education for my dependent daughter. I have been working 2 jobs,
my dependent daughter has been working for the past several years to
help with her own expenses. She is now in college and on the A honor
role. . It's the principal of what happened. My ex and his family
kept this information from us. Their just cruel people.
Their just cruel people.
I met my psycho soon-to-be ex on that Fairytale site, eHarmony. I've
been printing out the packs of lies (not pack, packs!) she told me, so my
attorney can see if she lied enough to go for annulment or fraud.
Cruel yes. Misguided as well. That is not how family are supposed to treat
each other. Especialy when it's an innocent child.
"On Christ The Solid Rock"
My hope is built on nothing less
Than Jesus' blood and righteousness.
I dare not trust the sweetest frame,
But wholly lean on Jesus' Name.
When darkness seems to hide His lovely face,
I rest on His unchanging grace.
In every high and stormy gale,
My anchor holds within the veil.
On Christ the solid Rock I stand,
All other ground is sinking sand;
All other ground is sinking sand.
His oath, His covenant, His blood,
Support me in the whelming flood.
When all around my soul gives way,
He then is all my Hope and Stay.
On Christ the solid Rock I stand,
All other ground is sinking sand;
All other ground is sinking sand.
When He shall come with trumpet sound,
Oh may I then in Him be found.
Dressed in His righteousness alone,
Faultless to stand before the throne.
On Christ the solid Rock I stand,
All other ground is sinking sand;
All other ground is sinking sand.
On Christ the solid Rock I stand,
All other ground is sinking sand;
All other ground is sinking sand.
1. Holy, holy, holy! Lord God Almighty!
Early in the morning our song shall rise to thee.
Holy, holy, holy! Merciful and mighty,
God in three persons, blessed Trinity!
2. Holy, holy, holy! All the saints adore thee,
casting down their golden crowns around the glassy sea;
cherubim and seraphim falling down before thee,
which wert, and art, and evermore shalt be.
3. Holy, holy, holy! Though the darkness hide thee,
though the eye of sinful man thy glory may not see,
only thou art holy; there is none beside thee,
perfect in power, in love and purity.
4. Holy, holy, holy! Lord God Almighty!
All thy works shall praise thy name, in earth and sky and sea.
Holy, holy, holy! Merciful and mighty,
God in three persons, blessed Trinity.