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Does a retroactive SSD child benefit automatically go to the custodial patent in the absence of a court order?

Q: I am divorced and am not the custodial parent. Am I mandated by law to give a retroactive SSD child benefit Payment to the custodial parent? My application for benefits was after the divorce and there was no child support order from court. The money was spent on the children.
Also, can the custodial parent now make claim to the retroactive benefit that is 7 years old through a child support case currently in court?

A: Usually if the child’s entitled to any benefit from SSA, it’s paid to the custodial parent. That said, there’s no basis for the custodial parent to make that an issue in the child support case – that’s an issue that the family unit has with SSA. For more info, schedule a consult with a Westchester Child Support attorney.

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