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Stephanie O Joy, Esq
Stephanie O Joy, Esq, Soc. Sec. Attorney
Category: Social Security
Satisfied Customers: 13285
Experience:  19+ years legal exp. - 10+ years owning/operating her own SSD Law practice.
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My disabled ex hus got married im 2015 she has two kids, i

Customer Question

my disabled ex hus got married im 2015 she has two kids, i have one with my ex husband. I am the payee of our childs ss money 1300 a month, will this amount be lowered to 400 since he has now 2 children and 1 with me (3 kids total or do we each get half of his amount?
Submitted: 10 months ago.
Category: Social Security
Customer: replied 10 months ago.
please only charge me for 1 time
Expert:  Stephanie O Joy, Esq replied 10 months ago.

If he applies for benefits for his step children, and wins that claim, yes, his "family max" will be split among them. However, he has to have been providing the financial support for these children like a father, for them to be HIS dependent and be eligible. If they have two parents supporting them (such as their bio father), then in theory these children should NOT be eligible for dependent benefits from his work record.

Expert:  Stephanie O Joy, Esq replied 10 months ago.

I hope this helps! My goal is to provide you with excellent and accurate service – if you feel you have gotten anything less, please reply back, I am happy to address follow-up questions.

Kindly rate me "excellent" when you are done. I look forward to assisting you in the future, should you have legal questions. Be sure to start future posts with "To ***** Esq., ONLY" if you want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Customer: replied 10 months ago.
last question, when the claim goes through and he gets to claim her children as his dependents, will social security retro the benefit, will the social security make me pay back the benefits my daughter got? be like 1k for each month of over payment. Thank you for your help
Expert:  Stephanie O Joy, Esq replied 10 months ago.

If he were to succeed in getting those kids counted as his dependents, yes, it can go back up to 12 months potentially. However, I'd share with him THIS: What his biological child gets in SSD auxiliary benefits on his record, due to his disability, can be credited him by the family court for his CHILD SUPPORT - as such, it can reduce or negate his child support obligation. If he chooses to apply for his step children, he will be taking from his own child and he will no longer be able to keep that reduction or elimination of child support obligation. At present, he has no obligation to his step children, but he does to his biological child. He can either pay it in child support or let his child get his rightful dependent benefits in full (a full 50%). Hope this helps.

Customer: replied 10 months ago.
wow, he could get me to oay back the difference from thier wedding day, I hope social security has financing. the diff so far id owe back over 4k, oviously i dont have that kind od money,. i get 1379 per month slit in 3 it should be 459 per month. He makes about 2800 per month in ssdi benefits. I am scared.
Expert:  Stephanie O Joy, Esq replied 10 months ago.

Do you have a child support order?

Customer: replied 10 months ago.
not a new one since 2010, it was based on his employment not sence june 2014 of his disability. He wants my attny to write one, however we have a child support trail in March.
Expert:  Stephanie O Joy, Esq replied 10 months ago.

Has he been paying the CS obligation from the existing order that was based on his old income? How much is he paying?

Expert:  Stephanie O Joy, Esq replied 10 months ago.

Also, do the step children have a father who pays child support?

Customer: replied 10 months ago.
social security paid 1379 since june 2014, he moved in with his current wife june 2014 and married her may 2015.
Customer: replied 10 months ago.
i doubt it.
Customer: replied 10 months ago.
I was wondering how far back for the social sucurity would go and to whom I would pay it back to and do they have a payment plain, I want to avoid garnishment to my wages at work?I get that it could start this year and I can prepare for that, but retro pay would devistate me financially.
Expert:  Stephanie O Joy, Esq replied 10 months ago.

OK, then he only was the step father since 5/2015. Generally, with disability, it only goes back 12 months. But the children have to be his dependents, so if they have a dad, who is legally obligated, one could argue that step dad is NOT then the supporter of 1/2 their needs: mom is 1 and bio dad is other 1/2.

Yes, they have payment plans. They are pretty good about that, particularly when this is clearly not an 'at fault thing'.

Expert:  Stephanie O Joy, Esq replied 10 months ago.

I hope this helps! My goal is toprovide you with excellent and accurateservice – if you feel you have gotten anything less, please reply back, Iam happy to address follow-up questions.

Kindly rate me "excellent"when you are done. I look forward to assisting you in the future, shouldyou have legal questions. Be sure tostart future posts with "To ***** Esq., ONLY" ifyou want me to specifically answer it.

Sincerely, ***** ***** Joy, Esq.

Your online SS legal resource!

Expert:  Stephanie O Joy, Esq replied 10 months ago.

Urgent!

Hello again. It is month end -Please, if you haven't yet had the opportunity to do either of the items below, I ask that you do so now, because itis the only way I can receive credit for time spent with you. Please:

1) Follow up if clarification is needed on our above interaction/Q&A, OR

2) Rate me highly if we are finished for the time being.

If there's more I can do, please use the reply tab and let me know how I canbe of further assistance. It's my goal to provide you with excellent service- to make sure I answered the question you asked about. Please rate mehighly and provide me with feedback. And thanks for understanding how we receivecredit from the Site for contributing our time here!

Sincerely,

StephanieO. Joy, Esq. – Your Online Legal Professional