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.
1 Answer from Attorneys
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
www.careyandleisure.com