Custody & Social Security

The issue is fairly complicated. The payments that were owed under the court order cannot be modified retroactively, meaning that even if the actual custody situation was different, unless you modified the order, legally you owe her what the order said. If you paid her that full amount, and she receives the social security on top of that, then that money is an overpayment of child support, you would be entilted to a credit on those funds for future payments. You should get this worked out with the court so there is no confusion in the future.

Helena M. Nevicosi
Attorney with Rosen Law Firm

4101 Lake Boone Trail, Suite 500
Raleigh, North Carolina 27607
919.787.6668 main phone
919.787.6361 main fax

Charlotte Office
301 McCullough Drive
Suite 510
Charlotte, NC 28262
Main Phone: (704)307.4600
Main Fax: (704) 9343.0044

Durham & Chapel Hill Office
1829 East Franklin Street
Building 600
Chapel Hill, NC 27514
(919) 321.0780

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My ex and I originally seperated in 2003 and divorced in 2004. We have two children. The minor children lived with me for 1 year (May 2003-June 2004). I continued to live in NC until early 2006. I had visitation with my children several times per week, on holidays, summer, etc. that totaled to about 5-6 months out of the year. I moved out of state in 2006 and I currently get to see my children for a total of about 2 months per year.[V] We still have court ordered joint custody. While living in NC I lost my job in 2004, and applyed for Social Security. I was denied. My condition worsened and I re-applied in May 2007. I was just informed that I have been approved to start receieving benefits. I was told that I will get a large payment dating back to 2004 when I first applied. I was also informed that a payment will be made to my ex on my children’s behalf. I have been making monthly child support payments since 2004. I was also responsible for whatever expenses were incurred when the minor children were in my custody several times per week, such as the basics; shelter, food, clothing, entertainment, extracurricular activities, school stuff, etc., and I still am. In addition I have travel expenses for when they fly here several times per year, or when I visit them in NC. My question is…since my children were in my custody alot when I lived in NC, and I am still responsible for the monetarily expenses during my assigned visitation according to our current order, is my ex entilted to the entire monthly amount from Social Security? Also what really frustrates me[:(!]…Does the retroactive sum of money that dates back to 2004 all go to my ex? It is a considerable amount of money. Close to $25k. I feel that a portion should be made to me because they were in custody anywhere from 2-5 times per week, 3 weeks in the summer, and other holidays. Also, how will this play into child support?