Sunday, August 17, 2014

I am on SSD and a lump sum payment was made to my ex-mother-in-law for back payments for my now adult children. SS is saying that the $16,00...

Question

I am on SSD and a lump sum payment was made to my ex-mother-in-law for back payments for my now adult children. SS is saying that the $16,000+ payment was and is considered a gift and will not be applied. I do not understand their reasoning. Does anyone have any insight? This is a case in Lake County, Illinois. I am a Florida resident and unable to afford nor travel to Illinois.



Answer

My guess is that the support order in your case ordered that all payments were to be made through the State Disbursement Unit and that public aid had a claim for reimbursement for monies paid to your children's mother. Since you made these payments outside of the disbursement center, public aid has not gotten its money and likely will not unless your former mother-in-law is willing to pay over these funds to them through the State Disbursement Center. Lots of Luck on that. The courts supports what SS is saying.



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