alt.social-security-disability

"faye" wrote in message
news:4a095a02-27ef-49a0-8a5d-80ea6a789e32@...
> 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 $ 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???

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:

/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 %. 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.