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. There are certain permissions and restrictions on what can be garnished from Social Security payments. This is a guide about child support payments and social security.
If you are married to someone that owes child support, make it your responsibility to see that your step children are taken care of financially. If you owe back child support that means the custodial parent has given you a loan, pay them back.
Of course, the custodial parent is not spending the money exactly like you would spend it and they might appear to have more than you but if you pay you can ultimately hold your head up and your place as their parent (notice this is non gender). If your circumstances have changed since your order, file the necessary paperwork and have your child support revised (you can do this without an attorney), but do you part!
By notwrong
By Lilac from Springfield Ma
When in doubt, ask the question, write down the person's name and the answer, date and time, etc. If you are required to send information to the courts, make a copy before you mail it, and send everything certified mail, so you get a receipt. Most of all, be consistent, be thorough, and file things on time!
Source: My own experiences of 13 years fighting for child support.
By Eileen M. from Elk Grove, CA
If you call SS office or better yet, go there and they can answer your questions, Also, your County Atorney's office on child support can answer questions.
By HAPPYINHARNED from Harned, KY
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?
By Donna
By Noella
06/16/2012
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.
My ex-husband informed me he will retire at age 62, very soon. He says my son will be eligible for social security. Does this mean his monthly child support payments will end?
By Mari from Wenatchee, WA
By maphisx7
09/23/2010
A good point from others, call Social Security. When my X went on SS I started getting 150.00 a month even though he owes me about 20 grand. I think they base your son's child support on how much SS the x gets.
Do give them a call and find out. Good luck to you.
Gem
Do I understand this right? When I sign my child up for SS I will stop paying child support?
By Tom
By bullfrogcorner
04/16/2013
No, you do not have that right. What in the world made you think that?
What if the father of my two sons is dead and he owned me child support? The boys are 18 and 20. Their father was receiving Social Security when he died. Will I still get the money he owned me?
By Annmarie
By TXBetty
12/01/2011
I think the cut off age for a child of deceased is 18. I know you can't collect SS on a 20 year old as one person posted. That is incorrect information.
My ex-husband stopped paying his court-ordered child support approximately six months ago. I have made several attempts to reach him, to no avail.
He does not live in the United States anymore, and currently lives in Europe somewhere, but I am unsure of where since he is now remarried to a German woman. He is not in the military, I don't know where he works, and he has never shared his phone number with me or my children. He has not called the kids in more than seven months, and I am guessing that he has no plans to do so in the future.
I am not trying to force him to pay the child support, but merely protect myself and my kids. When we split, we decided on shared custody, 50/50, and now that he can't be found, I am not sure what to do. My fear is that he will reappear and take my kids and I am powerless to do anything about it. If he can't be served because he can't be located, what should my next/first step be in order to attain full custody of my children?
By Amanda
By MooseMom
02/01/2013
Get to your state or county family support or child support office ASAP! You need to get in writing the apparent abandonment, and get full custody of your kids ASAP! Best of luck to you.
Is there a way I can collect back child support from a deceased ex-husband? We had been married over 10 years, but he was behind in child support when he died.
By Tammy
By foxrun41
06/30/2012
You may also want to find out if your ex had left any assets. You may be able to get relief from that source but you may have to hire a attorney to petition the court to gain any access for back child support.
I am paying child support and my daughter is receiving Social Security benefits since I am disabled. Where can I look to see if the state can remove the garnishment or lower it?
By Antonio
By Carol in PA
12/26/2012
I would contact the Social Security Administration via the toll free number. They are equipped to answer your questions or tell you where you can call to get the correct answer. Don't procrastinate. Do it.
A friend of mine was recently ordered to pay child support. The only income she currently has is her son's SSD check. Is that legal?
By Kelli B. from Challis, ID
By Bexpress
02/07/2013
This is a case where she needs to go to the Friend of the Court of the courthouse that ordered this. She has to give them the information on her income. No, it is not legal for her to pay it out of that income, but she won't get it stopped if she doesn't let them know her situation.
It may even require a court hearing - but it is worth it if necessry.
Bexpress
I signed over primary custody to my ex-husband back in 2003 when I became sick and was going through a divorce at the same time. I felt it better for my son's sake at the time rather than a long mud slinging divorce and custody battle.
Please help me understand this, okay? My son is 6 years old, his dad has not helped raise him since he was born. He recently got Social Security benefits, and I signed up to be C's payee. The back pay for Social Security went to his father instead of me, I then had his father send it to me. (It was was $218.00 short.) He has a daughter from a previous marriage. He got the same amount for her, but then he went and filed a motion with F.O.C. and got all of his arrears and child support taken away. Here is my question. Should he have gotten the arrears taken away because I got back pay from Social Security? And should he still have to pay child support? His ex wife went and filed a motion to stop paying him child support because he gets a monthly check for her as well and the judge ordered her to keep paying child support. So how did he get his child support stopped with me for C? I'm so frustrated and need answers. Please help!
By Sarah C.
By cybergrannie
03/12/2013
Hi - I do not believe you will be able to receive legal advise from Thrifty readers as we certainly do not know all of the facts and could not give advise even if we did have all the particulars.
Most answers may be biased for many reasons so they may or may not "feel" that your ex-husband? should have to pay support whether he can afford it or not.
If you are receiving SSI for yourself and your child then the government gave you this without knowing anything about any other support you may have been getting for your child.
That means the government feels this amount is sufficient to take care of you and your child. I do not mean that it IS sufficient, only that many people do have to live on this amount and feel fortunate to receive it. You do not say what your disability is so no one can know your capabilities. We also do not know the cost of living in your area.
It appears your husband is drawing SSI also? For him and his daughter?
It appears the FOC decided to make his ex-wife continue support (did they reduce it?) so they did feel he needed it in addition to the SSI benefit. Support is not based solely on the amount due from the ex-wife but also on how MUCH money she makes and can afford to pay.
I believe that SSI decided your ex-husband should not (and did remove his past due support charges) have to pay because you received payment from the government for that period of time.
You really need to find an attorney (with SSI you will get an attorney free of charge - but - they may not be in your area).
You will have to see if the court feels you need support from him and it will be based on his income (the age of his daughter may also be considered - did he have this daughter before or after your son was born?) and his child support from his other ex-wife may or may not be considered.
This was long but I work in this field and I just wanted you to know that only an attorney can really help with this type of problem.
I make payments through SSDI to Arizona. My credit report fails to show any payments. I live in Florida; how do I resolve this issue?
By John
By Anonymous
12/27/2011
I sincerely mean no offense but why in the world should those payments show up on your credit report? To increase your credit score or to make you feel better? They are not payments for a 'loan' such as mortgage, car, credit card, etc; they are 'support to feed, clothe and house your children that you brought into this world'! If those children lived with you the expenses you pay to feed, clothe and house them wouldn't show up as payments on your credit report either would they?
On the other hand, if you don't make those payments they will reflect on your credit report because it's money you 'owe to your children'. Nuff said.
If my ex-husband died and he still owed a lot of back child support can I still receive support from his social security?
By Elizabeth
By MooseMom
09/01/2011
Check with your local SS office, ASAP! They will not backdate the award to the date of death, only to the date you apply for the benefits. Get in there with your documentation and go for it! Good luck!
My ex-husband, who is unable to work, started to collect SS 8 yrs ago. He is now 52, since then we receive $457 a month for our son. He wants to try to lower the monthly payment in hopes that his own payment will go up. Can he do that, is it possible?
By DD
By redhatterb
02/28/2013
You should also contact your office of child support enforcement.
Can the state make you pay child support when the child also gets money from my SSA check?
By Robert
By Lilac
09/01/2011
We don't know if we don't live in your state. If they are making you do it then they can.
My child's father is on SSI and is court ordered to pay child support. I am told they can not garnish his check. I am also told they can not take his license or put him in jail for not paying child support. He is out here having all kinds of kids and doesn't have to support any of them. I don't think it is fair that he can have 10-15 and not be held responsible. What can I do to have him pay child support?
By Alexis S.
By HAPPYINHARNED
12/06/2011
Sorry your ex mate is a dead beat! After 4 children and unable to pay his child support, the government should have the power to order him a vasectomy, but that's for another post. Go to your county attorney's office. They will advise you as to what can be done for you. It will be free. Your ex mate is disabled but apparently not too disabled for "NIGHT" work...Jk, Good Luck.
As what I have read Social security disability and SSI can not be garnished for any reason? If he had enough credits to get SSDI, you would be entitled to draw SS on both your children. He could be getting SSI until he gets SSDI, make sure you know.
I draw $764 a month SSA and the child draws a check too. So how much can be garnished out of my check?
By Jim
Is there a way to lower or cancel out child support arrears if the custodial parent signs a document? I have had custody of my now teen daughter for 5 years.
I was recently awarded SSI and so my 8 year old son also was awarded money per month. His father pays child support through the child law enforcement system. I was supposed to take him back to court for more child support because his other daughter from another marriage turned 18.
If my payee for my Social Security benefits owes child support, will they take the money out of her bank account?
By Shanea
My son's father lives in Marion South Carolina and I live in Maryland. He is on SSI so he sends me a letter saying that he no longer has to pay child support because he's on SSI now. This is not fair to me because he never paid when he was not on it. Please help.
By RB
By hkrgrl
04/12/2013
I lived in South Carolina for many years and owed child support in CA. South Carolina has very strict rules on child support and WILL come after him. You need your state to contact SC and they will be relentless to get your money, including the back payments. SC does not like bad check writers and child support owers. Hope this helps and good luck
I have two daughters with my husband. We broke up and he went after my children and won. I was not receiving SSI at the time. He left NY where we are from and moved down south. I haven't seen them for two years after he left New York to move to South Carolina.
My children's father owes me about $50000 in back child support payments. He just won a social security disability case and will get a lump sum. I was told that no one can make him pay child support with his lump sum. Can anyone tell me how I can make him pay?
Pam from Georgia
It is my understanding that when a parent collects disability, each of that person's children is also eligible to collect SS disability payments, too. You may already know this. But I'm not sure about the catching up part. Good luck.
Editor's Note: It might be worth calling the SS office to check, but his children should be getting their own benefit, as well as, possible back pay and if you are their guardian, you will be the trustee. (03/25/2007)
By Ariela
By foxrun41
By Jule
By clh
There is a mix up in what kind of payments being received by the other parent. If he/she is collecting SSI disability then child support will not enforce payments to the other parent, not saying that is is not still owed.
Now if the parents had worked, and had started collecting Social Security for whatever reason then yes, the child(ren) would be granted a portion monthly. (05/16/2008)
By Lamb
(01/14/2009)
By Angela
My ex-husband owes over $16,000 in back child support. He lives in GA and currently receives SSDI. Does anyone know what percentage they can take for child support? This is an interstate case and it will take at least 6-9 months before I receive any monies. Also, why can't SSI checks be garnished for child support?
debra1111 from Silver Spring, MD
By kffrmw88
By T&T Grandma
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
By brwnis65
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)
By Noella
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)
By JustPlainJo
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)
By GROSJACQUES1
My ex has just been awarded his social security and was supposed to be receiving back pay. He owes me $10,000 in back support for my daughter. I was told by his mother that I was supposed to be receiving his back pay.
He had received a letter that stated the payment would be processed in 2 weeks, that was back on October 2nd of this year (2009) and I haven't heard or seen anything. I was just wondering how long it would take for me to receive that payment and how I could go about finding out info on it?
Child Support Office never gives me a straight answer. If anyone has any info or the same situation please help with info. Thanks a bunch.
By Acirillo from Springfield, MO
By Nativeokie
I am assuming this 'back pay' means disability back pay so you still possibly have time for the courts to process and nab at least a portion of it (it usually takes about 90 days or more for the final back pay check to be sent out). But if you don't get on it ASAP you most likely will be out of luck because he'll probably cash the check once he receives it and hide it. :-(
It's possible it's too late to garnish for back pay, but the courts or a lawyer can help you with portions of future disability payments. Oh, and as far as I know, your child is entitled to a small monthly social security payment when one or the other parent has become disabled until she reaches the age of majority. (11/06/2009)
By Deeli
By curtnay333
Yes, there are people who don't receive back pay for up to a year, but every disability circumstance is reviewed individually and I personally know people who received their back pay in 90 days! (11/08/2009)
By Deeli
When I found out he was getting Social Security (and I think it was disability) I called the SS office who tried to put me off telling me that I was too late. I mentioned the "tickler" and they changed their tune. They hadn't been the ones who called me, it was Support Enforcement who called me. I went into the SS office and we got back SS payments and had his SS garnished. He will finish paying his child support payments in 2012. Go to the SS office and talk to them. Talk to Support Enforcement. Don't back down. Good luck. (11/08/2009)
By Noella
By mare1909
By meoowmom
My ex is under felony conviction for 25K in back support and when he got on disability this past fall, I got half his lump sum AND now am getting full payments every month, plus some until he's caught up. The system works, you just have to keep reminding people that you are out there.
Good luck! (01/19/2010)
By susabelle
My son pays court ordered child support. If he is awarded SSD, can the mother take both? The mother does not work and we had the baby a total of 8 months out of 2009. Can my son claim her on his taxes?
By PATRIC from Orlando, FL
By Lorelei
The best person to talk about concerning this is your Social Security Agent. (01/20/2010)
By Suntydt
My first instinct is to tell you to amend the custody agreement with the mother. It seems to me she is reaping all of the benefits without assuming much of the responsibility. Call a lawyer and find out what your rights are. (01/21/2010)
By lostinthe
By JustPlainJo
A friend is paying child support and he will start receiving his Social Security, as will his child. Can he stop the child support as the child's Social Security will be more than the child support or will the mother be able to get both checks?
9 years ago, I was put on SSID. I had an agent call me, and tell me that I needed to set up my child support payments through them, and I did.
I live in Indiana and have just been ordered to pay child support on my 19 year old son that receives $449.00 a month from SSI for himself.
My boyfriend is waiting to see if he will be able to get SSD/SSI. He has two children that live with their mother. When he does get SSD/SSI is there a way that the money for support can go into a trust that she cannot touch?
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Child Support Payments and Social Security