Asked in Child Support for Alabama

Q: My husband and his wife income tax was taken due to back child support, a month later he was approved for SSDI in which

I received a lump sum from SSDI and now he wants me to pay him back the income tax taken because he said it was an over payment. His layer is going to try and use rule 32. Can he do this.

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1 Lawyer Answer

A: If money was taken from income tax for payments that he had made during a time that SSI said he was disabled, then the child support may not have been owed. At the same time, if he is disabled, then the children for whom the child support was ordered should be able to get benefits from SSI for the period of time when child support is not payable.

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