I have applied for ssdi and believe I will be eligible (not ssi). They will have determined I became disabled in december of 2016. It is now jan 2018 I have yet not recieved a decision. If approved will they take arrears from lump sum owed to me or will they use the determined auxiliary benifit for each dependant to cover the arrears incurred durring that period to satisfy the dor arrears? I assume the custodial mother would recieve a lump sum check seperate from my accured benifit. True or false? Thanks
Being deemed eligible for SSDI won't change the amount of arrears that you owe in the DOR case. The SSDI benefit will come with dependent benefits, but you will have to ensure that the proper paperwork is filed in order to get those benefits. Since SSDI is not needs based, but insurance based, DOR will be able to intercept not only the dependent benefit, but also the backpay lump sum payment that the SSA makes to you to cover the period of December 2016 until you are awarded benefits. If you are awarded benefits, it may be cause to apply to modify the CS order going forward.
I am a Massachusetts attorney and answer questions based on Massachusetts law. The above answer is for educational purposes only and does not create an attorney client relationship or constitute legal advice.
Did you file a complaint for modification when you. Ece disabled? If you did the court can and should modify the amount of child support to match the dependent payment amount.if you did not file a complaint for modification file one ad soon as possible so the support order can be changed retro active to the date of service.you should consult. With an experienced family lawyer
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