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Nov 07
2009
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Ask a Lawyer: SSI and child supportPosted by: Dads Divorce on Nov 7, 2009 |
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Question:
My child's father has been paying child support for the past two years while unemployed. He has now been approved for disability and they are going to make it retroactive to Aug. 2005. My child has also been approved and also will be made retroactive. Since I am the custodial parent the payment will come to me. Her father is stating that I need to return the past 2 years of child support to him from this lump sum payment since the amount is greater than his ordered payments. I think the money should be given to my 17 year old to apply towards college since he will stop payments at age 18 and has no order to help with college. Will I have to return the child support paid for the last two years?
Answer:
I am not licensed in Kentucky. However, I do not believe you are obligated to return the child support. The disability is not the same as support. If your ex has a pending child support modification then his support may be reduced retroactively. Even so, any money already received by you would be considered a gift and not recoverable. Do not return the money unless ordered to do so by a Court.
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Comments (2)

written by family_law, November 18, 2009
What exactly is your question? Are you asking whether you can file suit on behalf of your children if they are over 18? If so, the answer is no. An exception for your son could be made if he is deemed mentally incompetent by the state. But, since he lives independently and attends a University, I would venture to guess that he is competent. If your children want to pursue this matter, that is their choice to make. Your financial status is not a factor in determining the outcome.
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Our divorce agreement stated that he would pay for 1/2 the tuition for both children at the cost equivalent of the University of Maryland's tuition.(we both lived in Maryland at the time, and both of us attended U of Md.) Since I paid for everything for my son, so far, plus my son got help this semester from one Pell grant, and my daughter might have gotten some help from him, but I have no idea, she is too angry at me for even bringing this idea up now, with her wedding...
Is it too late to go to court and enforce the college clause for 1/2 the tuition? I never asked for it before because I was just too worn out after all those years, I didn't want to fight any more. But I'm thinking this is not fair. he is a very wealthy Optometrist and I'm just a single RN working for local Gov living in credit card debt?