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Childsuport/ disability question...

this is really just a curiosity question.. been haveing an argument with a friend.. my x lost his job a long time ago...so i didnt get c/s. now he is on social secerity disability.. so he gets a check once a month.. and i get a check for our daughter once a month. threw social secerity.. even when they say its not c/s ( to me it is but what ever ) my friend says even though s.s sends me a monthly payment.. my x should still be giving me c/s ( before he was giving 60.00 a week, not court orderd never went to court never married ) i keep telling my friend its fine.. my daughter gets more now then when he was paying reg c/s. she says again he should also be paying. so ladies what do u think? im just wondering who would really be "right" so to speak.

Answer Question
 
Anonymous

Asked by Anonymous at 1:40 PM on Jan. 12, 2013 in Money & Work

Answers (10)
  • I'm in the same situation. I am getting their social security check plus 300 from him that goes to back support, but we had a court order when he wasn't paying. Most times the courts will not order child support on top of social security disability. When (if) my child support ever gets up to date my ex can file to suspend child support since I am getting their benefits.
    missanc

    Answer by missanc at 1:46 PM on Jan. 12, 2013

  • missanc :) my x still owes 1,200 in back suport but he agreed that my dh can claim our dd on taxes. which was fine with us. and i talked to our tax guy who said it was fine as long as he signs a paper saying yes this year so and so is claiming her.. im just tired of listing to friend who i love to death but is the never wrong kind.
    Anonymous

    Comment by Anonymous (original poster) at 2:02 PM on Jan. 12, 2013

  • I'm not sure if he would have to pay child support, if you're getting a check from his disability. I'm not really sure how all that would work. Personally, if you're happy with the way it is right now, I'd leave it alone.
    wendythewriter

    Answer by wendythewriter at 2:02 PM on Jan. 12, 2013

  • If you have primary custody (which I'm assuming you do since your ex pays child support), then you should be the one claiming her on your taxes anyway (so your ex wouldn't be giving up anything). I'm surprised your tax guy said you needed a form signed. I've never had my ex sign a form - my brother is a cpa and said as long as I am providing 51% or more of my kids care, then I have the right to claim them on my taxes (unless it's stated differently in the custody order, which in our case it is not addressed). But I know there is a form in cases where it might be disputed.
    If the back support is court ordered, then child support enforcement should be able to garnish his social security checks in whatever amount they deem in order to get that back support (that's how they get my ex's, he would never actually pay on his own!
    missanc

    Answer by missanc at 2:10 PM on Jan. 12, 2013

  • ^^^^
    Misssanc took the words out of my mouth (or off my keyboard, in this case)
    layh41407

    Answer by layh41407 at 2:13 PM on Jan. 12, 2013

  • You do what you want about CS. If you do not want his help. don't worry about it. I never got CS from either of my kids dads. Was glad to. they were dead beats anyway.
    louise2

    Answer by louise2 at 2:14 PM on Jan. 12, 2013

  • yes dd lives with me and dh always has.. but normaly he claimed dd on taxes ( i was young and didnt know any better ) and thought well if hes paying his c/s then i guess he can claim her. but seeing that for over a yr he didnt pay my x said we could claim her. i guys thats maybe why we have to have something signed stateing he is willing to give up his claiming this yr.. i am fine with what im getting and didnt consider asking for more on top of that. im almost finding everything stressful.. lol
    Anonymous

    Comment by Anonymous (original poster) at 2:16 PM on Jan. 12, 2013

  • Is all this, who gets to claim kid on taxes in the divorce papers?
    louise2

    Answer by louise2 at 2:33 PM on Jan. 12, 2013

  • ALWAYS Go to court. ALWAYS.
    If you are a single mom do you realize you could have been getting big $$ back on your taxes every year? He has you swindled!
    PartyGalAnne

    Answer by PartyGalAnne at 2:34 PM on Jan. 12, 2013

  • as im older now i see the errors of my ways.. so to speak...i do see that we shouldve done court. im not a single mom i am married now to a great man who takes my dd as his own. i am very lucky.. or we are very lucky..
    Anonymous

    Comment by Anonymous (original poster) at 2:55 PM on Jan. 14, 2013

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