You might be here because you googled this topic and I wouldn’t want to leave you with some post that is confusing because I’m sick and doesn’t give you the information you were looking for. So here’s what is happening with my case right now.
He was oh I don’t know, like $20,000 in arrears. He filed for disability in June, 2009. Got accepted just before Christmas.
They immediatedly sent me a prorated check for the kids for those months. The amount is based on his family amount minus the amount for himself on the social security yearly statement. The kids each get 1/3 of what’s left.
He also received a prorated check for his payments since June, but the office of Child Support in Vermont automatically grabbed that to offset his arrears and sent it to me. You have to be in the state child support system to have this happen.
So they deducted his check from the arrears total, but have not yet subtracted the prorated check for the kids’ payments. I’ve read that the judge will usually do this when we go back to court to adjust his payments.
The Social Security office told me that until there is a new court order the kids will be getting their Social Security check AND the state will be garnishing his check for child support until we either file an agreement together stating that the SS check would become the CS payment, or until we go to court to have a judge do it, but that it would look better to come to an agreement together.
This has not happened, even though I tried. It’s not my problem anymore–I’ll take both checks. My one remaining question is whether their checks will be taxed, as people receiving SS have to pay federal taxes. But because it will eventually be his child support payment, which is untaxed, I don’t see how that could be fair. But since when is the IRS fair?
So there, I hope that’s what you were looking for. If I can help, let me know!