Question:

Overpayment on Social Security benefits for a child. Please help!!?

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Ok, long time ago - I had a child. The father was not in the picture. 1 year later when he decided he wanted to be a father he took me to court. He was on Social Security and disability payments due to diabetes. So when we went to court I got barely anything for child support. I mean less than what it cost to put the child in daycare weekly. So my lawyer advised me to go to the social security office and apply for benefits under him. I did that. They told me there that I would get about $1.00 a month due to the fact that he was "drawing the most he could" for his current wife and her 3 kids. So that was fine, I had my child added and they said if any more money became available my child would start receiving benefits. So then later the father decided he didnt want to be a father and signed his rights away. My child's last name was changed to my now husband's name and life went on. About 8 years ago I got a check from Social Security for $893.00 for my child's benefits and that included an underpayment where they had not paid her. I called the social security office and talked with a rep who told me it didnt matter that the biological father had signed rights away that my child could NEVER be taken off his profile as a dependent child. I called back to talk to someone else and was told the same. My husband went up there with our court papers where he adopted her, her new social security card and all and sat down with a rep in our hometown office and was told the same. I called my lawyer who said do as they tell you. So we started using the money for my child's gymnastic fees, school clothes, etc. Now the biological father has went back to work. Keep in mind we have nothing to do with him and never talk to him at all. No social security has sent me a letter wanting to collect back the payments since he has been working which was August 2007. They wanted to collect the money within 30 days but of course I just dont have $3,000 lying around so I am having to appeal. Do you think I stand a good chance of having this forgiven? Me & my husband has just bought a house and basically we are strapped. It takes all we make to make ends meet and I cannot even picture adding another payment into the month. I have had to make copies of all our bills, our pay stubs, fill out a tremendous amount of paperwork. Is there anything that may come to mind of any other's that I need to include? I need to have this taken off of us!!!! Please help!

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  1. You have a good chance of not having to repay this money, at least not the bulk of it.  The key is you did not know the child's bio father had gone back to work so you did nothing wrong.  If you kept any after they notified you, you are vulnerable on that amount.

    You seem to be right on top of what you need to do.  Hang in there.


  2. My guess would be it is gonna cost you a lot of money one way or the other. You should have documented every time you contacted one of those reps. Now is the time to go and ask the attorney what to do.  

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