I have recently found out that my ex is receiving some sort of SSA. I have contacted DOR in MA and they have forwarded the court order papers for support to SSA. My fear is that he will find a way not to pay. Is this possible with a court order? He owes approx 28k and has never made one payment to my daughter.
By Judez from Lynn, MA
My mother received $80 per month per child based on my stepfather's disability (for his 3 children) and SSD sent a check to my ex husband's ex wife on behalf of their 3 children. Once SSD got the paper work she started receiving benefits for the next month. But if it is less than ordered support the state has to accept and approve the lower payment or the difference keeps racking up on arrears. It does not free him from what he already has in arrears either and at least whatever the amount it will come monthly for your daughter and anything is better than nothing. Also contact SSA monthly until you receive some info. That way if anything is needed that would hold up your child's benefits you will know and stay on top of it. Good luck. (04/09/2009)
You can garnish the Social Security. You might have to get Support Enforcement Unit involved. My ex-husband owed over $30,000 in back child support. The day I found out he was receiving Social Security I went to their office and had it garnished. I'm 62 years old and I still receive back child support today.
Some states have rules on how far back child support will go. In our case it was 10 years. However, in the 16 years that he hadn't paid anything, around the middle of that time (or eight years previously) he made two payments. Because of those two payments, the state was able to go "all the way back" for all of it that he owed. (04/09/2009)
I know from hard experience, there's only one way your ex could get out of the garnishment of his Social Security check. That would be if you, yourself, were to sign an Agreed Entry forfeiting your claim.
Many years before we met and married, my husband's ex moved out of state (from Ohio to California) to keep his son away from him. My husband stopped paying support, and racked up about $7000 in arrears. He swore he'd never pay the debt. When he started getting Social Security, we got a letter saying his check would be garnished; they (the child support authorities) take every penny above about $750.
My husband raised his son from the time he was kindergarten age (after his mother lost custody) and never received a penny from the mother. The CSEA didn't care, since he never filed for support from her. They still take a portion of our meager living and send it to the ex, and will do so until the arrears are paid. We learned about the Agreed Entry recently, when he finally heeded my pleas to do something about the situation. As of this date, we have about two more years before the debt is paid. I'll be thankful when that day arrives, especially if my husband is still with us.
My ex quit a job and took one with an employer that wouldn't garnish. My father simply cultivated friends at the Indiana CSEA, who overlooked the thousands my mother never received for my three siblings and me. However, the current laws are improving the lots of children with deadbeat parents, and with the help of the Federal government, I pray you and your children receive what you need to live. (04/12/2009)
No, with a court order he can not get out of it. If he doesn't pay for awhile it will increase and they can put a lean on his home, garnish tax returns, bank accounts, even as far as jail time. I would not worry, your children will have help from his support.
Whatever you do don't let him talk you out of the support order no matter what. Children need the support financially from both parents. I let my ex husband talk me into agreeing to sign an agreement to withdraw the support and it has screwed me and my children up. When you do that they don't get stuck with back owed either. You have to file more papers to get it started again, and then it starts over fresh with no back payments or anything of the kind.
It really was a horrible mistake on my part, since I realize now that my daughter will suffer not having the extra support just due to my fear of her father. They also have great things in place now, too, where if receiving child support for your safety and your child's, you don't even have to let your address infomation out to the obligor. But no, he can't get out of it, unless you sign a paper stating no court interference or enforcement, otherwise it is his responsibility to cover that support. (04/19/2009)
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