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Can debt of noncustodial children be assigned to the noncustodial parent?

Business 3 views 2 answers
Children are overpaid Social Security Disability by the SSA after the parents are divorced. Divorce agreement specifies all liabilities associated with assets are not transferable to the other party. It also provides Indemnification against all future debts and obligations. If the SSA decided they didn't want to or could not collect the over-payment funds from the minor children via the Custodial parent, can they then assign the debt to the non Custodial parent and withhold benefits from the non Custodial parent? Is there case law on such a matter?

Attorney Answers

2
Alise Kellman ·
Social Security has nothing to do with divorce agreements. They can seek to collect overpayments from the representative payee who received the benefit on behalf of the minor children, the wage earner whose earnings record was the basis for the benefits, and the children themselves if they are now adults. They can try to collect from any and all of these people and you can't say, why me, go after -- first, all are equally available as candidates for collection.
0 upvotes
Dax Lonetto ·
Social Security will try to collect from whomever they can. Doesn't mean you'll be liable, but you'd have to fight. Here is a typical story http://www.mailtribune.com/article/20151112/NEWS/151119839 Since your question is in the form of a hypothetical, I'd say don't worry about it unless they start sending you collection letters.
0 upvotes

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