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Disability & Back Pay

rosie33's picture

Just wondering if anyone has any knowledge of this. I live in PA so idk if varies from state to state.

We are going for a CS modification at the end of this month. We have now found out that BM just received a HUGE check from disability which included back payment for two years. When she filed for support it was back dated to when she filed for disability, which was April 2014. Will they adjust CS from the last two years and we get a credit?

Also, she is getting disability for the kids as well. One of the kids lives with us full time - should that money be coming to us or will they just deduct it from her because he lives with us?

Any information is appreciated, thanks!

rosie33's picture

We just found out she got the money but the rep at the CS office said they will have all that information when they go in to modify. They will verify what income she's getting. He was modifying just based on the fact he lives with us and he was told it should be terminated so now that we know she got this income I am wondering if he will get an overpayment credit or something for the past two years of support AND the SSDI benefits for him. Shoot, she may even end up PAYING us at this point!

SS office doesn't know he lives with us, thats our next call. Im SURE she didn't tell them that. She had asked for his social a month or two ago, now we know why.

rosie33's picture

We just found out she got the money but the rep at the CS office said they will have all that information when they go in to modify. They will verify what income she's getting. He was modifying just based on the fact he lives with us and he was told it should be terminated so now that we know she got this income I am wondering if he will get an overpayment credit or something for the past two years of support AND the SSDI benefits for him. Shoot, she may even end up PAYING us at this point!

SS office doesn't know he lives with us, thats our next call. Im SURE she didn't tell them that. She had asked for his social a month or two ago, now we know why.

Aeron's picture

It certainly varies from state to state. It is unlikely you will get any back credit. Again, PA may be different, but most of the time modifications will only be backdated to the date of filing. Anything before that one tends to hear tough luck, take it up with the other party.

As for SSDI, you need to call SS offices, tell them where he really lives, probably send a copy of the CO and the check will then be sent to the household where the child resides. But your husband probably will not receive any CS credit for SSD. It is also unlikely that she will be obligated to reimburse you for any of what was sent to her.

rosie33's picture

I kind of figured a credit for overpayment from CS was wishful thinking, even though I feel thats crappy because she got the $ from the last two years so he should get his end back, especially when she probably got a check for $30K if not more! BUT I know the system isn't based on common sense, unfortunately.

I'll be happy with CS being terminated!