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Can I get back child support if my kids are over 18 and noncustodial parent is on SSDI?

Bradenton, FL |

My children's father was ordered to pay child support in 1992. I have giving him a one time credit of $500 about 17 years ago and that was because he did pay some but I was not for sure exactly how much. He has not paid any monies to me since then except for a $100 purge last month. He is in the arrears of approximately $75,000. He is now receiving SSDI and is suppose to be getting back pay from the time he applied,I am just not to sure of the time that he applied. I am not even sure if he has received any of this back pay. I have contacted child support but I have no idea of what is going on at this time. Child support office is way to hard to talk to anyone. Am I entitled to any?

Attorney Answers 3


What you need to do is hire a private attorney to pursue this with a motion for contempt and an income deduction order, if possible. It takes too long to go through the child support people and you case will not get all the attention it deserves.

R. Jason de Groot, Esq., 386-337-8239

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My colleague summed this up perfectly. The amount of money involved is too high and you will likely spin your wheels waiting for any relief if you go the public, DOR route. You need to have an attorney work on your case privately. Have you even attempted to hire an attorney? it's not as difficult as you might think.

Please be advised that any answers or information disseminated above do not constitute legal advice and that the attorney responsible for this posting is merely attempting to participate in a Q & A session intended to be helpful but certainly not intended to be legal advice. It is important that you understand that no attorney-client relationship has been formed and that the attorney has no obligation to follow up with you with your legal issue unless you separately contact said attorney and arrange for him to legally represent you.

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Having worked closely with DOR for the last 8 years, I can tell you that they will NOT assist you in going after a man who is on SSDI. In addition, if you do get this in front of a Judge, you may see a very small return because SSDI benefits are protected in some instances. You will likely be told that you should have taken him to Court for support BEFORE he became disabled and indigent and living off welfare benefits. Back benefits are not a 'lottery'. The payment is meant to allow the recipient to get into stable housing and purchase food. Best of luck.

This information is a general answer and is not specific to any particular case. Carin Manders Constantine, Esq. 727-456-0032/ 727-488-8272

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