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S. Kincaid
S. Kincaid, Family Law Attorney
Category: Family Law
Satisfied Customers: 2511
Experience:  I have practiced family law since 1996, focusing on child custody and domestic violence
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On or about the first of 2013, I received custody of my

Customer Question

On or about the first of 2013, I received custody of my child, after a five year battle..…one of the problems I consistently complained about, not the worst of the issues but one of the minor ones, that didn’t matter much at that time….please take in consideration…my Ex receives SSD payments…as a result, my child receives a check from her disability… But, when she had custody and I paid child support...I was told it doesn't have anything to do with child support and could not be included in the figures because in all effect, the money belonged to my child...not either of the parents...the money did not come from my money paid in nor her money paid in and was not deducted from either in order for the child to receive the check…it was simply above and beyond what we either would ever make and was to improve the life of the child….So, I accepted it and paid my child support….. In 2013, when I received custody and child support was talked about again, and this issue came up again…the lawyers wanted to include it again…I went to the Social SECURITY OFFICE AND TALKED TO THEM IN ORDER TO KNOW WHO WAS TELLING THE TRUTH…I was informed that since I now had custody, I would have to receive the money that was rightfully my child since I was now the legal guardian…… And that this money HAD NOTHING TO DO WITH CHILD SUPPORT…..and supplied me with several web sites that prove what she said….government web sites…I will try to include them…….the problem….Their back……….now, three years later…..child support agency, my ex, and even my attorney is coming after me saying that she has over paid because of the SSD payments……AND SHE WANTS HER MONEY BACK….according to my attorney…the type of SSD my ex has, these rules do not apply and everyone else is wrong, even the government…. My Attorney said that my ex has SSDI…Its not SSD….When I asked SSA, they said they are the same…one means Social Security Disability and the other just has the last word on it, Social Security Disability Insurance…. can someone explain this for a stupid person???? DON’T GET ME WRONG…NEVER CARED BECAUSE EVERY PENNY WENT ON HER AND HER EXTRACRICULAR PROJECTS and its her money….bUT PAYING IT BACK NOW WILL CAUSE HER TO LACK….Notice the last paragraph of this page I supplied, where it says......Will the Money I Am Getting in Allowance Benefits Replace the Child Support I Owe?
When you receive disability benefits your dependents may also be eligible to receive auxiliary benefits under your name. Many people mistakenly believe that the disability payments that their children receive go toward the child support that is owed. This is not the case. The family allowance is not used to satisfy any child support obligation. Any money that your dependents receive from disability benefits is in addition to what you owe in child support. The two are not one in the same.…/child-support-dis…
Nighthawk4u 10+ Posts Posts: 12Joined: Sun Oct 18, 2015 12:14 pm
ALSO...when you are ordered to participate in depositions....Are the attorneys entitled and legally able to ask questions that have nothing to do with the charges that have been filed...or is this simply a fishing expedition???? My understanding is I can not be forced to testify against myself
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Customer: replied 1 year ago.
Expert:  S. Kincaid replied 1 year ago.

I need to know in what state you are because in some states, the disabled parent (but only the disabled parent) can use the child's benefits to satisfy their child support obligation. In other states they cannot. So I cannot explain this to you without knowing in what state this is.

Customer: replied 1 year ago.
Tennessee, but this is a federal government standard...and government money....let me be clear...the ssa said this is not a part of what the mother would receive's simply a payment to the child to help her lifestyle change due to the family's income becoming less...
Customer: replied 1 year ago.
they explain its not the mother money and constitutes no money she is responsible for...such as child support
Customer: replied 1 year ago.
as shown on the site I supplied to this thread
Expert:  S. Kincaid replied 1 year ago.

Actually, what SSDI is used for (or SSD) is federally controlled, BUT whether or not that money can be used to satisfy a state court child support obligation is a state issue. Tennessee Child Support Guidelines Chapter 1240-4-04 says if the child support order to be paid is lower than what the children are receiving in SS benefits than the child support obligation of the disabled parent is satisfied and that any other money left over also goes to the caretaker towardsny arrears. If the child support obligation is more, than the obligor parent must make up the difference. Also, you have been misled when you were told that SSDI and SSD are different things. They are exactly the same. SSI is something different, but that is irrelevant to your question.

Customer: replied 1 year ago.
well that answers one question, and I thank you...but why does the ssa say that it can not be used as child support and which athority is correct since the money belongs to ssa??
Customer: replied 1 year ago.
I know the ex's social security can be garnished to take child support...but the check my child received has nothing to do with child support and can not be belongs to my child and only my child
Expert:  S. Kincaid replied 1 year ago.

The state has complete authority over what can be used to satisfy the child support obligation. SSA, on the other hand, requires the recipient of the child's benefit to document how the money is used. If the money went to your ex, she would not be able to used the money for child support - she would have to document how it was spent on your child. Maybe that is what SSA means when they tell you that the benefits cannot be used to satisfy her support obligation. But the state can give her credit for that amount and is not limited by the federal government.

Customer: replied 1 year ago.
But the money is sent to me...and she owes child support...and the ssa says it has nothing to do with her child support obligations
Customer: replied 1 year ago.
I have custody
Expert:  S. Kincaid replied 1 year ago.

I understand. And as far as SSA is concerned, it doesn't. But that doesn't prevent the state from giving her a credit for it. And Tennessee does give credit for it.

Customer: replied 1 year ago.
One things is fact....all lawyers have different answers for these questions...not many know the facts about the Social Security Administration has rules that are very confusing to most lawyers....The one thing I do understand is that the payment one receives if based on the income they have made in the work they performed in their life...If it is Social Security Disability or Social Security Disability Insurance, the very same thing......The child support responsibility can be taken from that....and garnished.... SSI AS NOTHING TO DO WITH IT... The Family allowance...or The Child's Benefits has nothing to do with any portion what a parent receives...It does not have anything to do with the amount a parent receives,,,there for they have no stake in the money received by the child...if the child received none...the parent would not receive more...therefore according to the SSA, the parent has no stake in the support of the child and no stake in providing for the child....
Customer: replied 1 year ago.
it changes nothing, to know a lawyer figured the child support, three years ago...and now...since the lawyer screwed up, im in court to the tune of 25 thousand defending myself, while the lawyer who screwed the child support figured up, sits in her office and screws up more cases and charges the hell out of people....
Expert:  S. Kincaid replied 1 year ago.

Unfortunately, that is true. Lawyers do mess up and that's not at all fair to their clients. You can report the lawyer to the State Bar for not explaining that to you and making sure that you did not receive an overpayment that you'd have to pay back.

Customer: replied 1 year ago.
very good...thank you
Expert:  S. Kincaid replied 1 year ago.

If you have no further questions, I'd appreciate it if you would accept my answer so that I may get credit for my work. Thank you.