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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
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Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Background. I am currently seeking a modification to my child

Resolved Question:

Background. I am currently seeking a modification to my child support order. After over 4 years of being disabled I was granted SSDI fro my disability. My minor child now qualifies for back payments from Social security on my SSDI for over 3 years. I am not the custodial parent and all of my child support is up to date. My child support was set when I was working full time and I have paid that amount.
   Is there case precedence, or a Texas law (or ATG decision) which allows the back payments of child support sent to my child from social security, to be considered over payment of my child support?
   May I request of the court a refund of that over payment (if allowed) and under what court decision, Texas law or Attorney general Office decision do I use to request same?
Submitted: 5 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 5 years ago.
You need to file a motion to modify support and what you need to demonstrate to the court is you have had a significant change in financial circumstances, which you certainly can going from full time employed to disabled on SSDI. You will need to provide all your financial reports documenting the change and proof of you disability. Generally the courts will make the reduction in these cases. You would not get a refund of any overpayments, the most you would get is a credit, but generally (and each case is different based upon the specific facts of the case) the court will not give any credit, just change future payments.

The Texas law does not allow SSDI to be credited for arrearages or past payments. The court will not reduce your obligation for the SSDI payments received by the child, BUT would adjust it based upon your lower income.

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Customer: replied 5 years ago.
So your saying no case has been filed in Texas concerning this matter, or no judicial decison made, or ATG guidelines, etc? I am looking of specifics to quote.. care, court decision, guideleines, AG policy etc.
Expert:  Law Educator, Esq. replied 5 years ago.
This is the Texas case that states that SSDI payments would not be allowed for back support. http://www.9thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=8384
Customer: replied 5 years ago.

it appears http://www.9thcoa.courts.state.tx.us/opinions/htmlopinion.asp?OpinionId=8384

 

Only addresses arrearages, I am not in arreargae. I am in fact pre-paid in child support. Or am I misunderstanding the case?

Expert:  Law Educator, Esq. replied 5 years ago.
Sorry, here is further, it states you get credit for furture payments, but not any any past payments, not just arrearages, but payments already made:

In the Texas case of In re G.L.S., 185 S.W.3d 56 (Tex. App., 2005), the court stated:

"Section 154.132 of the Texas Family Code contains a specific provision relating to the application of child support guidelines to children of certain disabled obligors. TEX. FAM.CODE ANN. § 154.132 (Vernon 2002). Section 154.132 states:

In applying the child support guidelines for an obligor who has a disability and who is required to pay support for a child who receives benefits as a result of the obligor's disability, the court shall apply the guidelines by determining the amount of child support that would be ordered under the child support guidelines and subtracting from that total the amount of benefits or the value of the benefits paid to or for the child as a result of the obligor's disability.

Id. This same provision applies with equal force to the modification of support under chapter 156. See TEX. FAM.CODE ANN. § 156.402 (Vernon 2002). See: In re G.L.S., 185 S.W.3d 56 (Tex. App., 2005).

The Legislature has decided to only grant the credit prospectively because of the delays in the Administration's processing of disability claims. Id."

Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 89292
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
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