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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114707
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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You have received an Answer! From PaulMJDTuesday, February

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From PaulMJDTuesday, February 21, 2012 10:25 AM EST

I am sorry for the wait and the fact your previous expert never got back to you. I must completely disagree with my above colleague in that this has nothing to do with it being "wonderful that you can budget" as you were told above. Under the laws, when you are ordered to pay child support and you receive SSD or SSDI and are eligible for the child's/dependent benefits, then the amount of your dependent benefits is used by the court to decrease the amount of support you have to pay out of pocket as it is applied to your monthly support payment. In order to do this, you need to apply for your dependent's benefits and once they are awarded, you have to file a motion to modify support in the court where support was ordered and present the evidence of the SS dependent's benefits payments to the court and ask the court to credit you in the amount of the SS dependent benefit payment toward your total monthly support payment and they will make the adjustment.


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Submitted: 5 years ago.
Category: Family Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 5 years ago.
Still waiting, doubtful if I renew my monthly membership.
Expert:  Fran-mod replied 5 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  Law Educator, Esq. replied 5 years ago.
I am sorry, but I received no notice that you were looking for me. Do you have some other follow up question for me?
Customer: replied 5 years ago.
Thanks for writing. My question is what I should do if the amount rewarded for my disability benefits for my children exceeds the amount ordered to be paid as child support. I have no intention of using the money for my own gain or benefit, but I would like to use the arrearage in the SSD to catch up my support payments, and then set up an irrevocable trust for the childrens education, and fund it with the extra money that comes in from SSD, over and above my court ordered amount.
Expert:  Law Educator, Esq. replied 5 years ago.
You have to file a motion in court for them to accept that amount as child support and get them to modify the court order to credit the SSD towards your support. Only the court can order this.


I hope you found my answer helpful, please click on the GREEN ACCEPT and/or the HAPPY SMILEY FACE button above for my answer. This is necessary for me to be paid for my work and so that I can get credit for assisting you. Your question will not close, and you will still have the opportunity to follow-up if needed. Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

If you have additional questions, please keep in mind that I do not know what you already know or don't know, or with what you need help, unless you tell me. Please consider that I am answering the question or question that is posed in your posting based upon my reading of your post and sometimes misunderstandings can occur. If I did not answer the question you thought you were asking, please respond with the specific question you wanted answered.

Also remember, sometimes the law does not support what we want it to support, but that is not the fault of the person answering the question, so please be courteous.

PLEASE NOTE WELL, LEGAL ANSWERS TAKE MORE THAN “MINUTES” TO PUT TOGETHER AS WE ARE DEALING WITH LAWS OF 50 STATES PLUS FEDERAL LAWS, AS WELL AS DEALING WITH OTHER CUSTOMERS, SO PLEASE BE PATIENT IT WILL BE MORE THAN “MINUTES” IN SOME CASES BEFORE YOU GET A RESPONSE, BUT BE ASSURED YOU ARE NOT BEING IGNORED.

There can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break.

You can always request me through my profile at http://www.justanswer.com/law/expert-paulmjd/ or beginning your question with “For PaulMJD…”

Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 114707
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.
But how do I get the court to allow me to handle the remaining amount(s), that I can control and use as a qualified vehicle for the childrens education?
Expert:  Law Educator, Esq. replied 5 years ago.
You would have to present the formation of the trust to the court and get the court to agree to allow you to maintain a trust for the education of the children. Whether or not they allow it is up to the court.

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