Wednesday, March 21, 2007

Lump Sum Social Security Payments and Child Support in Indiana

In Indiana, does a parent getting a lump sum Social Security disability payment entitled to a credit against the parent's child support obligations?

The answer is: Yes.

From the Indiana Supreme Court opinion in Brown v. Brown (which is in PDF format):

Because of Danny Brown's disability, his son received a lump-sum distribution of retroactive Social Security disability benefits as well as monthly benefits going forward. Brown seeks credit for the lump-sum payment against an accumulated child support arrearage and credit for the monthly benefits against his future support obligation. Following precedent from this State and others, we hold that a disabled parent is entitled to credit against the parent's child support obligations for Social Security disability benefits paid to a child, effective as of the date the parent files a petition to modify a support order. The petition may be filed upon application for disability benefits.

7 comments:

butler_prophet said...

My son's father applied for SSD almost 3 years ago now. I have not received one dime from him for child support ever since our divorce in 2001. I want to know how to find out about when his hearing will be and make sure I have done everything I need to do to ensure my son will receive whatever benefits he is entitled to. Please, any feedback will be greatly appreciated!!!

Sam Hasler said...

And I need to say that the disclaimer above this post is there for a reason. I cannot give you advice on your case unless you are a client of mine. Those are the ethical rules and I have stick by them. My suggestion is to call whoever is representing you in the child support case.

Anonymous said...

My husband's daughter's mother received a lump sum payment, plus monthly payments from SSD. He did not realize until his daughter was emancipated that these amounts were not deducted from his child support arrears, and in addition amounts were being added monthly as if he were not making payments. We spoke to the CSD in his county and we were told pretty much he was out of luck, that none of those monies received will be credited. I am wondering if this information is correct? Thanks in advance for any information you can provide.

Sam Hasler said...

Again, please see the disclaimer above about your asking a legal question.

I think if you read the post again that you will find your answer.

Anonymous said...

Why is SSD acceptable by the courts as "child-support" after modification, and "gratuity" before modification?
This is totally unfair to the NCP.
I see no difference! They are both child support, before and after.

george.navarre said...

i want to know about this. my daughter get ssi and i get ssdi since i don't have no job and i still paying child support since my daughter get ssi and my ex wife get ssd they both are under my ex's wife's mother name. So my daughter is living with my ex wife and my daughter get ssi and i get ssdi which i supposed not to pay any child support which my daughter get ssi every month and i have to pay double as child support lots of my friends been saying to me that i shouldn't pay nothin since my daughter get ssi under my ex wife's mother name as a payee which it not right.. so i need to find out for sure if it is NEW LAW about it. cuz lots of my friends and family say there is a new law about ssi and child support if i don't have no job or my ex wife don't have no job so we all get social security every month... my ex wife get SSD and my daughter get SSI and my ex wife's mother get SSD they both make lots of money than i do and I get SSDI and i don't have no job... so pls sent me a comment and tell me about this and what u think if it is wrong or right...

DO I STILL HAVE TO PAY CHILD SUPPORT OR NOT SINCE MY DAUGHTER GET SSI EVERY MONTH AND MY EX WIFE GET SSD AND I GET SSDI DO I STILL HAVE TO PAY DOUBLE CHILD SUPPORT WHILE MY DAUGHTER GET SSI ?????? YES OR NO i want to now the answer!!!

Sam Hasler said...

SSD has different rules than SSI. I am not aware of any new law.

Getting either SSD or SSI does not change the obligation to support one's child. Unless handled properly, the SSD lump sum may not be included as child support.

SSI is based on the federal poverty level. Indiana case law does not allow for child support payments to put a person into poverty. Contempt is not supposed to be used when a person receives SSI.

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