Social Security and Child Support

My ex is collecting Social Security. He never paid me child support the whole time my children were growing up. He worked under the table all those years and I never could collect, so I put a 10% interest on the unpaid balance. Well Social Security is taking his Social Security from him to pay back support. Can they take all your money when you owe child support?

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June 7, 20120 found this helpful

The way I understand it is, a person has to be left enough to live on. Anyway that is the way it works with regular child support. Consult you local child support enforcement office.

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June 7, 20120 found this helpful

Call SS and ask. We don't know the answers to this because we don't know the circumstances. Why do you care if they take it all? He didn't care if your kids were getting enough to eat.

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June 7, 20120 found this helpful

And also ask your local Social Security office.

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June 7, 20120 found this helpful

You are right redhatterb. They can only take a certain percent of a person's income. I thnik it's something like 75% but I'm not sure. I had a friend that even had to pay that amount out of his unemployment when he was between jobs.

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June 8, 20120 found this helpful

If you want to read what social security has to say go to google.com and type in "child support from social security" then click on the first link " child support payments and the ssi program-social security. It is a page from Social Security and explains the ruling.

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June 10, 20120 found this helpful

Is our ex collecting social security or is he on S.S. disability? If he is on social security disability, your kids can be getting monthly checks too.

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June 10, 20120 found this helpful

For the life of me I don't understand how anyone can get out (or should) of paying child support under any circumstance. I have a good friend whose son has been out of work for two years. Child support payments were taken out of his unemployment checks. When those checks stopped his Mother (my friend) herself is paying child support for her son's child. Someone has to take care of the innocent child and my friend who is 76 years old has never complained.

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June 16, 20120 found this helpful

It will be best to check with Social Security. But I think there is a time limit on child support. When I had my ex-husband's Social Security garnished, they didn't want to at first because they said I'd waited too long to ask for it. When I suggested that they look in their files for a tickler on his name to notify me when he started collecting, they found that they'd failed to do that. I contacted them the very day Child Support Enforcement Unit contacted me. I did end up getting all of the back pay.

They also informed me that because he had made a payment two months in a row within the past 8 years that they could go back all the way for what he owed. If he had not made those payments, they could only go back 10 years.

Things may be different now, so the best thing to do is check with Social Security and your Child Support Enforcement Unit.

Hope this helps.

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June 10, 20130 found this helpful

I am in a similar situation. My daughters father has been working under the table or homeless for the past nine years. He owes me over 25k and has paid $277 ever. Last year he was hit by a car and remains in a rehab facility the last I knew. I just received a notice for wage garnishment and his employer is listed as Social Security. The order calls for a very large lump sum to be paid to me. Is anyone familiar with this process? I assume if he continues to draw SS Disability I will continue to receive a portion of those payments as well. I saw lump sum and thought too good to be true! Would SS just give me nearly half of his arrears?

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December 3, 20130 found this helpful

I have a 5 year old and 7 year old. Their father has been collecting social security benefits for the last 5 years. Are my children eligible to collect, seeing as how he does? We do not live in the same home. I have sole legal and physical custody, and he has parenting time. We were never married. At the custody hearing the judge recommended I apply for them to collect, however, when I began the long process of trying to be approved I was told that they could not collect since their father wasn't collecting from his own benefits. Even though he has been found disabled with low iq and schitzophrenia, he is collecting his deceased fathers benefits for his disability. Therefore his children cannot draw a check.

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July 26, 20160 found this helpful

Yes. Just go to the SSA with their SS card and shot records. Just went thru it today.

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February 8, 20170 found this helpful

My husband owes back child support to the state of Arizona. The children are both grown and over 18. What percentage of his social security will be withheld when he starts to draw his benefits? He owes a large sum but we have been making monthly payments for the past 18 months of 113.00...all we can really afford. He will be eligible to collect his ss next year

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In This Guide
Child Support Payments and Social Security, Paper entitled Child Support Hearing.
Child Support Payments and Social Security
Categories
Business and Legal Legal Child SupportJune 6, 2012
Guides
Couple getting SSI help.
Finding a Good Social Security Attorney
Family law folder on desk
Can SSI Be Garnished for Child Support?
Social Security Paperwork
Preparing for a Social Security Hearing
Photo of letters spelling out child support.
Social Security and Back Child Support
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