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Receiving child support can have unexpected effects on the disability you are receiving for that child. This is a guide about child support for a child receiving disability.
Even if a child's non-custodial parent has died there is still a possibility that you may be able to collect support. This is a guide about collecting child support owed by a deceased parent.
Collecting back child support from the noncustodial parent can many times be a challenge. This is a guide about collecting back child support.
This is a guide about collecting child support without a separation or divorce. Collecting child support without a legal separation or divorce may be handled voluntarily or sought through an attorney.
You can call or visit your county court house, it must be the county where you live. They should have a child support enforcement office located there, in the building. They can help you with all of the steps that need to be taken.
If you are applying for help at your social services department, again in your county of residence, they also can help you with collecting child support from the absent parent.
By Crystal from Zebulon, NC
My ex is $16,000 some odd dollars behind and has been for 17 years. I have called the child support office and all they tell me is that it hasnt been long enough between times that he has paid (He was $17,000 behind but over a year span he paid $1,000 on his back support $5.00 at a time!). They told me they cant arrest him for non payment. Really? I thought this was a court order and when you dont follow a court order you are in contempt? My bad! Whatever!
My kids who are now 17 and 18 want absolutely nothing to do with him and have asked if they can change their names so that they are not carrying on "his" name. Its a sad day in our judicial system when children go to bed hungry, wear second hand clothes because one parent decides they dont have to help. I have always tried to make sure that my kids have what they need but there are times it comes up short. Where is justice? It truly is blind..and I would say deaf.
There have been a lot of people lately asking whether or not federal benefits can be garnished for child support/back child support. There was a big article in my local paper, today, about this topic.
When a parent who has been required to pay child support also receives Social Security, one or both parents may be confused as to how this works. This is a guide about child support payments and social security.
Ask a QuestionHere are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community or ask a new question.
I recently found out that my grandmother was getting a child support check for me and I wasn't in her care nor custody so I have never seen the money. Is there anyway to get that money now that I am aware of these actions?
Have you discussed this with your grandmother? Who supplied you with this information (is it reliable?)?
Are you sure your grandmother did not give someone else any of the money for your support? Was this support ordered through the court (maybe a divorce agreement?)? How was it decided that your grandmother would receive the checks? How old were you when support check started and ended? Could you be talking about Social Security benefit checks?
These are some on the questions you may be asked if you seek legal advice. You will need an attorney to try and recover any money paid in the past but you may also need proof someone actually received the money - and - if that person still has any money to pay out.
I would recommend talking to your grandmother first and also to the person paying the support and then decide how to proceed.
You need to do as cybergranny advised. You can not just tell the court or ss to send you a check for no reason. There had to be a court order of supporting evidence. Does she pay your insurance, or medical or school tution or other expenses? If so, she may be getting it for that reason. Is the person you live with under her POA? Maybe she manages their money and you are not aware of it. I work with a gal who is power of attorney over her daughters affairs per the court, because the daughter can not handle money (she is bi-polar and spends great deals of money). So, she gets her daughters paychecks, ssi and the childrens child support payments. In return, she pays all their bills out of that money. Her grandchildren are not aware of this, since it is a private matter involving their mothers health. There may be more to the story than you are aware of.
My child is an adult and no longer lives with me. Her father owes back pay in child support that he is paying it out of his SSI. Will my daughter receive the check with her name on it because she is an adult or will I?
Only SSI can answer your question.
You should call your local Bar Assn. & ask them where you can get an attorney (Attorney General) to defend you & collect the back money for you for free. You should have done that when your ex first started to jerk you around for the money. Good luck.
If my son's dad is collecting retirement benefits can I collect child support? And how do I find out and get started? Thank you!
Only SSA can answer your question. You can make an appointment and bring copies of birth certificate, child support order, etc.
Can a biological father be made to pay child support for children who, because their mother having been re-married for 1 year, filed for and did receive survivors benefits from the Social Security Administration from the recently deceased spouse? No adoption took place, the children were not his biologically, and still carry the birth father's last name. The children were conceived out of wedlock, and paternity was never established. All children now over the age of 18. Thank you.
Your description of the situation is complicated and I am guessing that you are not biologically related to the children in question. I suggest the biological father consult with an attorney experienced with child support and Social Security issues. Most attorneys do not charge for an initial consult, however, the biological father may need additional legal service to resolve the situation.
I would need to know from who's perspective you need to know the information. The way you have described the situation, I think you are trying to see if the biological father is excused from paying child support in this situation. Am I correct? The only way I know to be excused is if the child is legally adopted by some other party(s) and, and that's a big and, a judge has excused back child support that is owed by the father. If a court has deemed child support be paid by someone, mother or father, biological or not, (in cases where a man is married to a woman when she gives birth he is the legal father regardless of biological relationship until otherwise legally decided), it must be paid in full. Even if that child is adopted, passes away, (for the time the child was alive), etc. If a court has not assigned a person to pay child support, that is another matter.
My friend's disabled daughter is 30, works, and gets state aid and he is still required to pay child support. She still lives with her mom and does have the mental capabilities to tend to herself. She even has a boyfriend that wants to marry her, but mother says no because she would lose the finacial help. How can he get free of this? He lost his job and they are taking him to court. He is $1,800 behind and sinking.
By Sharon E
Find another job, or as Judge Judy tells a lot of men get out there and pick up cans to sell to earn some money. He can also petition for a child support modification. I would be willing to bet his 30 year old child isn't earning very much. No matter what she is still his daughter and he helped create her.
It appears that your friend has waited too long to really get the kind of help you are talking about.
One question - Does his daughter receive SSI benefits?
If not - why not?
You can Google "free legal assistance Florida" (your state of course as no one knows where you live).
There is usually a "search" site on the state site that you can enter "child support" and from there he may be able to contact someone to go to court with him.
Support payments will not "go away" so your friend should make the best of it and find a way to pay something every week/month as a judge will generally always look more favorably on a case where someone appears to be trying to do the right thing rather than just letting everything slide.
Without an attorney to represent him in court - he may be facing a jail term as many states now adopt this approach.
Does anybody know how I can collect child support benefits from my ex husband who is currently collecting VA benefits and is enrolled in school getting that paid for too. He has 2 grown children and has never paid any support and will probably never get a real job. He lives off woman and their money. Can I get his benefits garnished? Does anybody know?
I believe your best route is to consult with an attorney experienced in child support cases, however, as the children are now adults, you may face a hard road trying to collect anything. It is much better to know now what your options are, and the possibilities of collecting anything, from an experienced attorney.
I do know that just trying to go to the local agencies hoping they will help is most probably useless. As the children are now adults, the pressure is off on any collection attempts.
I agree that only an attorney specializing in this area can give you correct advice. If you had a legal agreement concerning child support when you divorced then you MAY be able to collect something but probably not since it appears his only income is from the VA.
I believe the VA may even give you some information about what can be done - legally - so why not start there?
I am posting this question to your forum regarding my child who is 6 yrs. old and the father is a 78 year old American. The father of my child is now disabled after his stroke and heart attack. He cannot remember anything anymore so he has had a guardian appointed by the clerk of the court. Because of this, how can I get my child support? What should I do? I am in the Philippines; I bore my child out of wedlock.
I hope to get help from here. Thank you.
It is difficult to give helpful answers as you have not provided very much information. Is there already a legal child support agreement between the father and you? If so, you can return to the legal firm that created the document for help. If there is no legal document, you most probably will need to find an attorney specializing in child support matters for help. It is often difficult to arrange regular child support matters and will be much more difficult if different countries are involved. The legal costs can be quite high depending upon the services you may need.
As Dinah Ackerson stated - this is a very complicated situation that only an attorney specializing in child support (in your country) could help you with. I do not believe anyone in this country can help you at this stage.
You will probably have to prove who the father is (DNA testing) as well as many other questions that will be asked (any legal agreements between you and the father?/ what has been paid in child support in the past?).
This will be a very long process (many, many months) and with a private attorney, a very expensive case.
Even in the US this would be a long process.
I do not know what type of support (VA pension/Social Security/private money) you are asking for but you could try writing to those organizations involved and see if they can give you any help - to get you started on the "right" path.
Any way you go with this will require personal information on the people involved - Social Security numbers for sure.
Their mother reopened the case 3 years after the last son turned 18. The son has been paying the back child support because he doesn't want his father going to jail. The father lost his job two years ago and lives with his older son. The court hearing is in a few days, do you think they will throw it out or do you think the son is going to have to pay the rest of it?
You do not say why the father is not working or able to pay this back child support (arrears). If he can show the court that he is not able to work or applying for Social Security Disability they may take this in to consideration. Is he receiving Social Security Supplement Income (SSI) if so the court will more than likely excuse the arrears as someone who receives SSI cannot pay child support. Cannot fully answer your question without knowing the circumstances of the debtor parent (father).
She should have gone after the father before her last son turned 18. Why is she taking money from her son who is probably trying to get established in his life. Not only is he paying his dad's debt, but his dad is living with him. His mother is also living off of him. The poor kid has two dead beat parents. Both parents should be out looking for work and not sponging off of their children.
I'm 69 years old and would be embarrassed to sponge off my kids!
If the father had a large change in income from 76,000 to 101,000 and did not tell the mother, however his income has dropped back to 85,000 per year now, how does that work? Shouldn't he have been obligated to report such a significant change?
No the father isn't obligated to report changes in income to the mother. That being said, I would think your local Child Support Collection Office should know about it. If nothing else you could set up an appointment to talk to them about the matter.
All of this should have been listed in the original child support decree so you should reread this and if your friend had a good attorney (better than his) it should state how future income changes would be handled.
If it does not state anything about "changes" in income then your friend may have to return to court and try to get it changed. Most likely there will not be anything done about the past but (?) it may be worth a try.
My husband was ordered to pay child support and left the country. Can I collect anything from his social security benefits? If so when? Thank you.
By Dimitra from Lilburn, GA
It is not a felony unless the back support is at least $5,000. There are other circumstances that will make it a felony at that level also, but it is not an automatic felony at that point. You used to have to sign up for the tax check to be given to you, but I received one this year again now. If your ex is out of the country he will likely not be forced to pay. It is difficult to get other countries to accept foreign warrants. Good luck and don't give up.
Depending on the state laws you are in. Many states attach it to tax returns, you can have your license pulled and be jailed for avoiding child support. You need to see a lawyer and/or humane services of your county if your child gets any services of any kind.
My child is 18 now and her father only made one payment and that's because we go to court next week. He made the payment this month; what will the judge do? He always quits his job and he never files taxes.
By Keisha from Fort Worth, TX
How could we know what the judge will do? Even if any of us were judges, each judge does different things within the law. If he changes jobs frequently his wages can still be garnished. That is providing his jobs don't pay him under the table. He can always be jailed for non-payment, he can also end up having his driver's license taken away. If he is works and gets paid legitimately his income tax refund can be awarded to you. Did you ever work with your state's Department of Child Support, while your daughter was a minor? They do a remarkably good job of tracking down absent parents and getting them on record as having to pay a certain amount of child support every month.
Well - redhatterb certainly gave some excellent advice.
You did not say how old your daughter was when you first divorced so we have no way to know how long you put up with this nonsense.
You should have had your payments set up to go through the court at the time of your divorce as you already knew your husband was undoubtedly a deadbeat.
That being said - the judge may not be as hard on your ex as the child may no longer need support. It would have been better for you and your child to have followed through with this at an earlier time.
The court is pretty good at collecting support if payments are set up right in the beginning. I do know that some people have had to "help" the court by informing them of any information you hear about the "ex" as they only receive information through legal ways.
Why not cause the ex some problems if he is not even trying to do his share of support? I wish you luck but it now seems a little late as you may get a judgement but that is just a piece of paper unless he has some asset that you can "take away" and even doing that may cost more than its worth.
I was wondering is there anything I can do about my ex collecting survivor benefits from her son's biological dad's Social Security and child support from me? I found out my son wasn't mine when he was 5 and shortly after that his mom changed his name cuz she found out his biological dad had passed away so she could receive benefits. I am paying child support for him still while she receives survivor benifits.
He still has his original name also, so idk if he has two socials or one with two names! Is there anything I can do? I just don't think this is fair because I have other children I can do more for.
You can have the child support support order removed as you are not the biological father. You will need an attorney to file the required papers, etc., to move the case through the court system. Be sure to demand that the removal of child support order state specifically that you are not the actual father and you want a reimbursement of all you have paid as you are not the father.
I married and divorced my wife in California. I had a child support order at that time. I remarried my wife in Nevada and was told that to remarry her in Nevada, she had to dismiss the California child support order from our previous marriage. California now claims the old order is still in effect. Is this correct?
By Jerry from Sacramento, CA
I am confused :-( You're going to or did you already remarry the same woman in Nevada? Either way, why don't you just have her file in California court (shouldn't be difficult since it shows here that you live in Sacramento) to have the support dismissed? If it's back child support you will most likely need a lawyer but don't get your hopes up if she collected state assistance after divorce because California won't forgive that debt. That is money that is due back to the state for helping her and your children.
No back child support was owed. Nevada just said they wouldn't marry us with a previous court order.
My boyfriend and I have two kids together. Our oldest, he pays child support for. If we were to get married, would he still have to pay child support for our oldest?
I am trying to get child support from my son's father and the child support agency put a $0 amount on him because he wasn't working. I called and they looked in their computer and saw he had earnings from June.