Legal Question in Social Security Law in California

Social Security and Child Support

I applied for social security disability, I was denied. I have appealed the decision. I am aware that on approval of Social Security disability my current child support order will be zeroed out. I am currently receiving TTD for a workers comp claim. That income is being garnished at 25% for arrears. In the event that I am approved, retroactively, for social security disability, is there any recourse that I can take to recover this child support that I have been paying?


Asked on 12/02/06, 2:44 pm

1 Answer from Attorneys
MARK GEYER LAW OFFICES OF MARK MITCHELL GEYER

Re: Social Security and Child Support

Hello:

Your TTD is INCOME as wil be your SDI. If your "earnings" are below the threshhold you may also be entitled to SSI (Supplemental Security) which is a form of "federal type welfare" that is also administered by the State of California.

In direct response to your question, you will be "credited" any over payments. Getting the money back is an altogether different story. It may be that you have to go to court, set your own OSC (order to show cause) have a hearing, get a judge to determine overages, establish the credit and even provide an order of repayment---BUT such an order will give rise to INCOME which will reflect upon your SSDI and or SSI payments!

Nightmare scenario at every step. You need a Soc Sec representative WHO ALSO is cognizant of dissolution court issues.

Good luck.

Regards

Mark Mitchell Geyer

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Answered on 12/03/06, 11:07 am


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