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    Child support payments and/or SS benefits

    I am the representative payee for SS benefits that my children receive from their Dad's SS benefits - he is retired and drawing SS benefits. I also have a child support order, with the understanding that the order is fullfilled through the payment of the SS benefits (not sure if this is stated in the support order though). My two boys get about $550/month each, the support order is for $660/month, leaving several hundred dollars each month.
    I want to protect their money, and this is what has kept me from filing BK in the past. I have used this money to keep our heads above water, and I just don't think it is fair to the boys. I can see spending the support amount, but the rest I should be able to put away for them, they are both college bound. This new attorney I spoke with yesterday told me that SS benefits are exempt, and that I should not have to put that down as my income, it is the boys' income.
    Has anyone had any experience w/ SS benefits and how they are viewed by trustee? How about child support received, do they ask to see the order, and is it listed as income?
    Thanks
    First Appoint w/ Attorney: 3/23/06
    First Appoint w/ Tax Guy: 3/25/06
    First Appoint w/ CCCounselor: 3/24/06

    #2
    I had to count my children's child support as income to determine median income and also as income for the means test. Not sure if this helps you or not.
    11/14/07 -filed C7 12/04/07 -case pulled for random audit.12/18/07 -341 held: Asset case due to engagement ring & tax return.02/19/08 - US trustee files motion to extend. 04/02/08- changed back to NO ASSET! I get my ring back and get to keep my tax return! :clapping: 04/28/08 -DISCHARGED!!! :yahoo::yahoo: 05/07/08 - CLOSED!!!

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      #3
      Originally posted by teresa View Post
      I am the representative payee for SS benefits that my children receive from their Dad's SS benefits - he is retired and drawing SS benefits. I also have a child support order, with the understanding that the order is fullfilled through the payment of the SS benefits (not sure if this is stated in the support order though). My two boys get about $550/month each, the support order is for $660/month, leaving several hundred dollars each month.
      I want to protect their money, and this is what has kept me from filing BK in the past. I have used this money to keep our heads above water, and I just don't think it is fair to the boys. I can see spending the support amount, but the rest I should be able to put away for them, they are both college bound. This new attorney I spoke with yesterday told me that SS benefits are exempt, and that I should not have to put that down as my income, it is the boys' income.
      Has anyone had any experience w/ SS benefits and how they are viewed by trustee? How about child support received, do they ask to see the order, and is it listed as income?
      Thanks
      My sons received SS benefits from their real mother. We had to show it as income when we filed BK. And even worse, the one that was still drawing turned 18 after we filed, so income dropped by 500 mo, but our payment stayed the same.
      Chapter 13 filed -8/12/04
      Plan approved- 7/11/05
      Date discharged--10-12-2007
      Date closed- 12/6/2007:yes2::yes2:

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