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My ex owes $25,000 in back child support and just got SSI with a lump sum of money how does that work?
By ppattt from Fort Myers, FL
SSI can absolutely NOT be garnished for child or spousal support.
I waited the 5 years to allow the SSDI to drop away so that I could SPECIFICALLY collect SSI (I 'owe' a great deal of ransom...errrr...'child support') and flip the bird to the ex.
Further, all 'license suspensions', ie : drivers, professional, hunting, fishing, ect....are null & void once SSI kicks in. (including, but not limited to passport seizures).
I can't tell you the satisfaction I feel when I mail a copy of my SSI award letter to (along with a note with a middle-finger watermark) to support collection unit demanding they void their driver's license suspensions once a year.
No! SSDI and Social Security can be garnished for child support, but SSI can't be garnished. The reason is that SSI is not considered as income, in the sense that the recipient earned it or that it comes from earnings that was paid in to Social Security. SSI does not come from the Social Security fund, but is given to low income people who don't qualify for Social Security or SSDI, and SSI is not considered as income, like Social Security and SSDI is.
Ditto what Redhatterb said.
Ditto on checking with your social security case worker but, as far as I know, just because you received a lump sum for back disability pay is not going to let your ex off the hook for what he/she owes. Be sure to talk to your case worker about benefits for your children if they are minors and/or still in school. Also, talk to them about possible taxes on the lump sum so that you're prepared if you might owe any. There are special rules for disability income.
I and it sounds like others are confused about who received the lump sum payment. If you are owed support immediately file a claim with your child support office they will know the laws better.
Yes! I would call division of child enforcement and let them know. They will take out a lump sum every month until the debt is paid in full.
The Reason that SSI and the large back-pay lump sum cannot be garnished is because:
In the case of disability there are 2 types of income,
SSDI can be garnished because they worked and this is their reward I guess, but because they worked for it and it's a larger amount of money they can take it and they will before he gets it, thats including the back-pay-he won't get a cent of that.
SSI (supplemental security income) is, well, poor people.
Its more of a low-income needs based income for people that didn't have enough work credits to get SSDI so the law says that nothing can touch that money because there isn't enough of it there to garnish.
As for SSI's back pay, thats a loop hole in the process. because nothing can touch the monthly money the back pay is a lump sum of the monthly money he should have been getting the whole time he was waiting so they can't touch that either.
In your situation if he didn't give you any money out of that then he is the bastard and I think that you can take him to court for that money but until then his monthly child support bill will add up and he'll probably lose his drivers license.
RIckyAlatorre, The thing you are incorrect about is the difference between SSDI and SSI. I am disabled and I worked for 35 years (most of them 50 to 80 hours a week) and paid in to the social security system all of those years! I was put on SSI because of the severity of my medical condition, current financial condition and hence current needs.
Just wanted to let you know that SSI does not necessarily mean a person was poor and had not paid their equal share in to the system for the majority of their life before needing the assistance we paid for that the government did not 'invest and earn interest' as originally promised would be done! No, the government ended up putting that money in the general spending coffers instead! Had the government originally kept the investment promise there would be plenty plus more of interest earnings to cover all who are 'truly' entitled!
In Arkansas they don't give u one large amount but three different installments and normally they will garnish whatever before u even see it but here they dont do child support garnishes because my dad has been on disability since I was three and when they divorced i was 13 I still haven't got anything from him and he still gets a check!!! And my sister gets a check and her babydaddy has custody of their kid he couldnt even get a child support case started shes disabled!!!! Kinda messed up cuz he needs help and my mom did to theres 10 of us he didn't have to help pay for!!! System failure!!!!!:( and they don't all treat u w respect trust me my moms is mean and rude all the time and doesn't like to listen!!!
still true in 2016/17?
My children's father just recently went and filed something that stated that he is not ordered to pay child support to me anymore due to him receiving SSI. He has paid in the past and it was a very small amount for 2 kids. I have done everything. I went to the child support office and now am being told that if I wanted to receive any type of support then I will need to hire an private attorney.
Is there something that can prevent the other spouse from paying child support for the kids due to this parent receiving Social Security income? Please help and steer me in the right direction. I don't get it. I have never seen a state send correspondence stating that the father is not responsible after the children are legitimized.
Only the Social Security Administration can answer your questions. You can make an appointment at your local SSA office to address your questions.
If your husband is not able to work and is receiving benefits from SSI, the child support payments should be deducted from his benefit and paid to you for your children. You should check with SSA for answers.
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My ex husband and I have been divorced for three years. After the split he filed for SSI with a claim of mental health issues resulting from my leaving, and he got approved.
So now I have a three year old little girl who literally gets nothing from him and I was wondering if since he gets SSI if she could draw from that and receive help as well. There is no court ordered child support agreement, since he had no income at the time I filed. I just said I could do it on my own (I really really just needed him to stay away from us). So what can I do now?
By Heather from Indianapolis, IN
The child should be eligible. Check with your social security office. (12/03/2010)
SSI cannot be garnished for child support. If he were receiving Social Security Disability (SSA) benefits your child could also be signed up to receive from his account. Unfortunately, unless he becomes employable and gets a job and ceases to receive SSI or is somehow deemed eligible for SSA/disability benefits, you are at a stand still on receiving anything from him. Sorry. (12/03/2010)
Call your Child Support Office and ask them some of these questions. (12/03/2010)
Don't ask advice from people who may not give you the correct answer. Look at the different answers you got from here. My opinion is that you can get something for your child. It will not be taken from his benefits, but will be based on his benefits and will come from Social security. Please call or go to your local office. They will not "run you through the mill". That is not what they are paid to do. They will treat you with respect and see that you receive anything you are entitled to. (12/03/2010)
I agree, contact your local SS office. My ex was on S. S. disability and he worked with his case worker to get S.S. benefits sent to me for my son. I was lucky enough to get over $500 per month for several years until my son turned 18.
As others have said, seek the council from the Social Security Office themselves. The are very helpful with these situations. The only thing not in your favor is there was no court ordered support at the time of your divorce. They may say he has no legal obligation to you and not be able to help. The only thing you can do then is ask him directly. Sorry, it doesn't sound like he has any interest in helping you and your daughter.
The only other possible thing would be to consult a lawyer. If you were not awarded child support at the time because of him being unemployed then that might be something that can be changed now that he is on SSI. From your description it sounds like he is actually on Social Security Disability. That is a whole other ball of wax. Again talk to the SS Office. (12/03/2010)
Go to this website: indianajustice.org (12/04/2010)