Garnishing Disability for Child Support

By

Noella

Unless the Social Security laws have drastically changed in very recent years, Social Security Disability can be garnished. I am still receiving back child support from garnishing his disability payments for my son who is now 30. And let me say, I did not live in a big house with a swimming pool. I lived in a 728-square-foot one-bedroom house with my son from his age 6 to 19 and we had no air conditioning until he was 17. We were never able to take vacations or even go to very many movies. I became an expert in finding free things to do in our small town.

My ex-husband always worked "under the table" so as to hide from us and to keep from paying taxes, etc. It was when my son's father went on Social Security Disability that we were finally notified that he had been found. I had registered with our local Missouri Support Enforcement Unit, but unless you are actually on welfare, locating non-supporting fathers is very low priority with them. I was never on welfare, my salary was always barely above the income limits.

Before hiring a lawyer, talk to your Social Security office first, it will probably require an actual visit. You probably won't even need a lawyer. They will tell you the documents you will need. Good luck!

By

ICU2

"Deadbeat, a person who deliberately avoids paying debts".

To date, Non-Custodial Parents have been reduced to the legal equivalent of a suspected Terrorist. If you look at what the government can do to you as a Non-Custodial parent, American Citizen, theres not that much difference.

As I read some of the feedback it's just "appalling" and "mean spirited". Contrary to "popular" belief, the vast majority of "non-custodial" parents are not earning 6 figure incomes. The "vast majority" are trying to do right financially (as well as spend time when allowed) for their children

I love my children dearly and (6) now ages 15-31. I have "all my wages garnished from 1992-present including SSD. I lost my SSD because I could'nt live off of $267 per month. I lost my SSD benefits because in order to avoid being evicted from my studio apartment, I had to work or be homeless.

All the Mothers (and I mean all) of my children live in nice "Houses and even having swimming pools. I however have had to live in 1 bedroom apartments and go to food cupboards.

I say all this to say that some of the comments I've read about "Deadbeat" and "Non-custodial" parents is just hateful. What about the kids who are kept from the "Non-parent".

I thought the whole thing was supposed to be in the best interest of the children and not the best interest of keeping children away from the "other parent".

Do your research folks and find out who coined the term "deadbeat" and what the real policy justification has been by recreating "Endentured Servitude" under the guise of " In the Best Interest of The Child".

Click this link for more information (no virus, completely safe):

http://books.google.com/books?id=FW ... in%20of%20deadbeat%20dad&f=false

It's time for some of us to stop "spouting off" on stuff we have "no clue" about without looking at the whole picture. It takes courage to be well informed.

Remember the "dictionary" term for deadbeat. After all, with the economy being the way it is now, you too are elligiable.

By

eyerishrose

I hope no one takes this wrong, the info .
I know you probably feel jilted. The advice I have may help. If he gets any thing from SSA,SSDI,SSI, ...etc. Your children can apply under his benifits. This is in any state. Sence they are over 18, they would get it as long as they are in school. What I just mentioned is they are not disabiled. But, If his disability is hereditary, even mentally, The children can get it for life. Also I had to pay child support, they lowered it down to $25.00 per month, I knew my child could not survive on that so I did the paper work myself, and sent it in. (My ex did not want to work with me, but did it anyway) Plus in it, my child ended up coming to be with me. Because the parent ends up being protective payee, alot of times the other parent mess up. My baby is 24 yrs old now still on SSI, going to college. Doing better at grades, get extra help in school also.
Aso the children get more than what you quoted. Any questions, go to the web site.

By

MooseMom

Talk to an attorney! If there is a state department of child support services, or family services, make an appointment and go talk to a case worker. My ex- is now on veteran's disability, and his check is not garnished either. However, when he requested the amount be re-figured, HE did not send in the required paperwork, so it remains the same. I have already accepted that I will never, no way in h-e-double-toothpicks, receive the close to $300,000 he owes in arrears, however, I'm not letting his just skate off scott-free. His income tax refund is intercepted, as well as any government stimulus checks, so we get a little bit, every now and again. My kids are now 13 and 17, divorce has been final for 14 years.
Good luck!

By

Deeli

Ditto on talking to an attorney but the main question you need to ask yourself is if it's worth your expense, time and headache now that your children are grown and your former husband is now disabled.?

And, yes, the back pay can possibly be lowered because he no longer has the income /circumstances he did when you two originally divorced and there's only so much blood you can squeeze from a turnip. Something is better than nothing.

Playing devil's advocate here, and wouldn't do so if he was not disabled, but how long has he been disabled? Was the $24,000.00 amount (before interest you mention which is about two years worth of the original back support you're seeking) owed before he became disabled? And whether it was before or after he was disabled how could he even be able to repay it now?

Please don't get me wrong because I can't stand deadbeat parents, whether male or female, but there are circumstances where the reason for being deadbeat is not always in someones control and compassion does need to be considered.

By

foxrun41

I don't believe anyone who posts to this board is qualified to answer your question. Laws are different in every state. You really need the advise of an attorney from your state that is familar with your type of problem.

By

redhatterb

None of us can really answer that. I know you would like that back support, but then on the other hand, if you would have to hire a lawyer would it be worth it. From what I have always heard, the first kids born to a person gets more support, than later ones, but I don't know if that is right or not. The person that is paying support should be smart enough to not have more kids than they can afford to support.

My daughter lost her job and is having a very hard time finding one.

I was receiving child support until my husband lost his job. He received back pay last Friday for the time he was out and is now on 60% disability from his employer. Will I collect any child support from his back pay or from his future disability payments?

My disability is being garnished for child support. I need to know by law, can they do that? I am experiencing extreme hardship with little monies to see me through the rest of the month.