How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Attorney & Mediator Your Own Ques...
Attorney & Mediator
Attorney & Mediator, Lawyer
Category: Family Law
Satisfied Customers: 20012
Experience:  Attorney & Certified Mediator
Type Your Family Law Question Here...
Attorney & Mediator is online now
A new question is answered every 9 seconds

I was divorced in 1986 while I was stationed at Ft. Bragg,

This answer was rated:

I was divorced in 1986 while I was stationed at Ft. Bragg, NC. She moved back to Tampa FL and filed for divorce. The divorce took place in Hillsboro Cty. The divorce papers said to pay $300.00 ($150.00 per child) a month until the kids were 18 years old. I had the military send them an allotment in that amount each month directly to her. I left the military in June 1988, I was involved in an accident where I lost my right leg, and haven't worked since. I started drawing Social Security since then, and Social Security paid my dependent children thru my ex-wife. She was paid $46,416.00. That is more than I was ordered to pay. Now, fast forward to 2009. I receive a letter from the Clerks office in Tampa stating that I am $37,667.49 in the rear. My oldest child is 29 and my youngest is 27. My question is do I have to repay my ex-wife even though she was paid once before, and the kids are grown and out on their own.
If Social Security was paying your child support in the full amount as ordered, then she would have been paid and there is no need to pay the alleged arrears as those would be a mistake. In general when you get social security disability the amount your children get is substracted from your child support, so if that amount paid the amount of your monthly support then the arrears can be cleared up. Now if your SSD benefits only covered a portion of your support obligations then you would be responsible for the difference. So you need to make sure the amount you are now being asked to pay is not the difference and that your actual SSD paid the total monthly amount owed. If so, then you are not obligated to pay her twice for something that was already covered.

Please click accept, it is greatly appreciated.


Please Note: My answer or reply is limited to your facts presented and additional information you post may not come in after my reply or answer has posted, if this has occurred please let me know and I will answer further. Due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so this may result in more interactions between us. There might also be a delay in my reply or answers, as I may be helping other customers, or called away from my office or have logged off. Please be assured your question(s) will be answered promptly.

If I have been helpful, please click Accept for my time and research, this is the only way I get paid. If you need more help or clarification, please click reply. Positive Feedback is greatly appreciated and reciprocated. Feedback should relate to customer service and not about the law, which I have no control over. You can always request me through my profile here or beginning your question with “Attention lawNinvest” Thank you.

Legal Disclaimer. The information given by me is not legal advice. I am not establishing an attorney-client relationship with you. I am providing only research, resources and information only for you to be informed and educated about your particular needs and my answer is limited to the facts presented. You are only paying me for such information given. No part of this disclaimer can be copied or reproduced without the express consent of the owner [lawNinvest]. Thank you.

Attorney & Mediator and 5 other Family Law Specialists are ready to help you

Related Family Law Questions