Legal Question in Family Law in Georgia

Here is the issue.

I am disabled and receive SS benefits. I have applied for benefits for my 15 year old, but because my ex wife has primary custody, the benefit money needs to be paid to my ex wife for my disability for my daughter. I have asked her to go to the SS office This is the only income I have. I am required to pay Spousal support, child support, and my bills as well. My ex wife thinks this is new money, and that I should still pay everything and she should get this money. The 2.5 years of back money totals about 36000 and 1200 going forward until Taylor, my daughter, is 18.

In addition, I am appealing Liberty Mutual denial after two years. I never applied for SS until this point because my disability form Liberty mutual would have been offset and reduced in proportion to the benefit so I never applied. Now that I am appealing their denial for disability under ERISA, and this could take forever, I need that money form SS for my 15 year old in order to pay child support and spousal support. I will also be responsible to pay back Liberty Mutual for any money that is received on my behalf from SS per the LTD Policy.

My position is I need my ex wife to credit that money she receives for this benefit to my financial obligation that is owed to her for support. Please advise


Asked on 7/28/12, 6:22 am

1 Answer from Attorneys
Tahira Piraino Tahira P. Piraino

Social Security benefits for children are considered a contribution for child support. The child does not receive this benefit in addition to the amount awarded. You need to meet with an attorney to go over the numbers/options. It sounds as if you need to modify the existing order if your income has decreased since the previous order. I advise you to consult with an attorney and not try to modify on your own.

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Answered on 7/28/12, 10:02 am


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