Legal Question in Family Law in Florida

Does the custodial parent �mother� of child have to report that she is receiving both garnished monthly child support enforced by CSE and SSDI child Beneficiary payments to both SSA and/or CSE?

Are there any circumstances where the non-custodial parent (disabled father) can receive credit for SSDI $551.00 monthly payments made to Rep Payee-the mother (custodial parent) over a period of time or does it only apply to lump sum payments made after disability was determined?

Here are some facts: Son was born in 12/1998, paternity established 05/1999, and monthly SSDI benefits for father started in 7/2004, and Son was approved monthly $551.00 SSDI child beneficiary payments in 7/2007. Rep Payee-mother (custodial parent) receives $4699.10 lump sum payment in 9/2007 and another $1780.10 in 3/2015.

There were periods of time between 7/2007 and 7/2015, that non-custodial �father� had no employment nor income (disability related) while the non-custodial �mother� continued to receive both payments.

There are other facts and concerns but probably better suited to wait for legal representation.


Asked on 7/25/15, 7:09 pm

1 Answer from Attorneys

John Smitten Carey and Leisure

Use of a lawyer is recommended

John A. Smitten, Esquire

Carey and Leisure

622 Bypass Drive, Suite 100

Clearwater, FL 33764

727-799-3900 ph

727-490-4944 fax

[email protected]

www.careyandleisure.com

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Answered on 7/26/15, 6:43 pm


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