my ex husband has recently been awarded SSDI. he has not yet, but will be getting a "backpay" settlement lump sum check from the time he applied two years ago. we have 2 children both under 18 years of age. I am applying for dependents benefits on their behalf next week. I know that my children will get child support that will come directly from his monthly SSDI payment, but he is over $10,000.00 behind in arrears. will my children also get a lump sum check for those arrears from the time he filed and receive a monthly payment ? or will they only start receiving a monthly support payment? if they only get the monthly payment, how do I collect arrears from HIS lump sum payment? child support services closed my case a year ago because it was not enforceable, so the record of arrears with them was wiped out to $0. How do I collect these arrears..this could give my children a savings for college.
1 Answer from Attorneys
You will need to get a judgment for the amount. You can accomplish this by filing a contempt action against him. Also talk to Child Support Enforcement about reopening the case.