Legal Question in Family Law in Massachusetts

Re: child support arrearage of disabled father

Suing the federal government over an alleged collateral consequence of a discretionary decision is very difficult. Father could have applied for a modification in the probate and family court anytime between 2000 and 2006, without a determination from SSA. SSA only determines eligibility for SSDI benefits, probate and family court determines whether and in what amounts child support is payable, and same evidence presented to SSA COULD HAVE BEEN presented to probate court in any of 2000, 2001, 2002, 2003, 2004, 2005, 2006.

Re: child support arrearage of disabled father

The prior answer is deceptive in that it does not make clear that there is NO action you can take against the Social Security Administration. SSA decisions are judicial in nature, appealable to the Federal District Court and beyond. They are based in a narrow statute that sets time limits for applications and pay-outs. As you were NOT his wife at the time he became disabled, you have NO STANDING AT ALL to complain to any court, or to appeal the SSA's factual and discretionary findings.

It also appears that your case for past-due support has already been decided in Probate and Family Court. The court could have awarded more, perhaps, from past-due benefits paid by Social Security, but you would have had to have asked.

If the court has ordered half of his SSDI check taken for past-due benefits, you are doing reasonably well.