Garnishing Disability for Child Support

Depending on the type of disability benefits you receive your payments might be garnished to pay current and past child support. This is a guide about garnishing disability for child support.
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February 3, 2017 Flag

My ex-wife owes me 15k in back child support. She hired a lawyer so that she would be approved for disability. When she is awarded disability they will owe her a good bit of back pay. Will the back child support she owes be paid? Does the lawyer get paid before anyone? She will owe him 8k. We both live in Louisiana. I am not sure what type of disability she will be awarded. She can't work due to severe anxiety.

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February 3, 20170 found this helpful

If she is on SSI disability, and has a very low income, she can ask that future child support payments be modified. She is still legally obligated to pay back child support, and the back pay may be garnished.

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February 4, 20170 found this helpful

I strongly suggest that you find the answer to your question NOW; do not wait until your ex-wife receives the back due disability. You can make an appointment with SSA (if the disability is SSA, if not, contact the correct disability entity), bring all required information,etc., and, this is important, make a list of the questions and concerns you have BEFORE the interview and bring the list with you. This will, hopefully, guarantee that you will have all the information you need regarding the back due child support.

Good Luck!

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June 3, 2016 Flag

My ex-husband was just approved for disability (SSI) and is receiving one check for himself and one check for our daughter. Should I (she) get this check in lieu of child support? (or in addition to?) He has moved two states away and doesn't plan to see her much aside from a few weeks in the summer time, so I am not sure why he should be getting a check made out to her. Can anyone clarify for me? Thanks!

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June 4, 20161 found this helpful

You should get the check for your child. He may have to pay back money. Call your SS office or go on line and see if they have an on line form to fill out.

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June 10, 20161 found this helpful

He's not allowed to get the check for her because she does not live with him, she lives with you and because he is receiving the check he can get in big trouble.. that money will go back to you and he would have to pay it all back your daughter should be receiving that check.. my daughter receives a check because her dad is on SSI as well she never sees her dad never she's actually not allowed to buy a court order that I receive a check for her from Social Security you have to go to the Social Security office and file paperwork stating that you received it and she's also receiving money for her and she's not with him it doesn't matter if she's with him sometimes or not he's still not allowed to have that money because she's living with you most of the time

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December 9, 2010 Flag

I am currently receiving child support payments from my ex-husband who is on disability. He was ordered to pay $551 per month according to my decree. We have been going to court because he is trying to get the amount lowered because he pays support for 4 others as well, but was not married to the mothers.

Our children are 21 and 19 now, but he owes way over $30 thousand and $24 thousand of that amount is the principle, the other is the interest. His attorney is trying to get it lowered to $50 (can that be lowered that drastically?) because he is on a fixed income and disability.

At the DHS administration hearing I was told that the amount will probably be lowered since my divorce decree was so many years ago. The DHS representative said that although he was ordered to pay the $551.00 when we divorced the guidelines to garnish wages from his disability check are different now. They have, however, been garnishing the current amount from his disability check for the past year.

My question is why or how can it be lowered so drastically? Will I have to get a lawyer to fight this or what can I look into to make sure the change does not occur? Thanks.

By Donna from Tulsa, OK

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December 10, 20100 found this helpful
Best Answer

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.

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June 5, 20110 found this helpful
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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!

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September 8, 2016 Flag

It's been years since I've received child support. The local child support office took him to court years ago and of course he applied for disability (imagine that). Years later he was finally approved for his disability and that his back pay is being intercepted due to him having arrears. Does anybody know how long the child support office holds onto these funds before disbursing them? I know that tax interception depends on them being married (hold for six months) or them being single they hold it for 30 days. I was just wondering how long they will hold the back pay?

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February 21, 20170 found this helpful

You would need to call the court or child support and ask. Each state or county has different procedures.

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February 22, 20170 found this helpful

It can take awhile, depending on where you live. The good news is that you are entitled and will get it eventually.

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November 26, 2014 Flag

I recently was awarded disability by the VA. I have child support arrears and wanted to know is there any way they can be eradicated or reduced.

By James

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November 26, 20140 found this helpful
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You will have to talk to your local Child support Collect Office about this. It is free to talk to them. That being said, you created a child, children, and it is your responsibility to at least partially support them.

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November 29, 20140 found this helpful

Child support is a totally separate issue. You will still owe any arrears that you owe, and current support will be calculated based on your disability amount. My 21 year old's father is STILL paying me back support (and his is on VA Disability) although not much at a time.

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January 29, 2013 Flag

I pay child support out of my SS benefits. My arrears balance kept accumulating even though I wasn't able to work. Can that arrears balance be taken off to the date my application was filed and approved by the state for SSDI?

By Carl

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January 31, 20130 found this helpful
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Hi - it cannot be stressed enough that each case is sometimes different so no one can advise you but someone at your Social Security office. Go there and ask questions - please.

As a general rule SS/SSI/SSID have nothing to do with child support as child support is a court order and not the US government.

Child support is still owed even if the child/children are receiving SS benefits.

The court can sometimes set it up so that SS benefits can go towards child support but only an attorney can help you with this.

Free Attorney services are usually available for anyone on SSI.

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January 29, 20130 found this helpful

Talk to your department of child support enforcement and your Social Security Office. None of us can really advise you.

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May 3, 2016 Flag

I am a 51 year old, divorced, disabled non-custodial father of four kids. I get 1449.00 per month in SSDI benifits. I'm supposed to pay 550.00 per month child support. Their mother gets 714.00 per month from my disability as like a survivor benefit. Is the 550.00 that I'm supposed to pay supposed to be taken out of the 714.00 or in addition too?

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May 4, 20160 found this helpful

You should contact the agency responsible to provide your benefits to answer your question.

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May 4, 20160 found this helpful

Also-Financial Help For Seniors:

SENIORS-National Council On Aging (NCOA)

The National Counseling On Aging has a free resource site:

www.BenefitsCheckUp.org

This site is a confidential, free and easy resource service to help people 55 years and older locate and apply for benefits. There are numerous financial assistance programs, both public and private, that can help struggling Seniors trying to make ends meet. The site has information on more than 2000 programs. Many are available to anyone in need who qualify, while others are available only to older adults and can help them retain their independence.

Benefit Types

Food Assistance, Health Care, Prescription Drugs, Utility Assistance, Supplemental Security Income (SSI), low income housing, tax relief, respite care, free legal assistance and many other benefit programs are available.

To use the site, you enter basic information about the person in need-date of birth, zip code, and check boxes for what the person needs assistance with. The site generates a report instantly, listing links to the programs and services that the person may qualify for.

Some assistance programs can be applied for online while other have downloadable form to be printed and mailed, faxed or emailed in, and some require you to contact the program directly.

Benefits Enrollment Center

It is also possible to get help in person at a Benefits Enrollment Center. There are currently 36 centers in 24 states and 12 more will be added in 2016. Visit the online site for locations:

www.NCOA.org/centerforbenefits/becs

BottomLinePersonal.com050116-DCA

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March 12, 2012 Flag

My son doesn't have his father's last name. His father is now disabled. Can he still receive benefits from his father's disability?

By Chastity

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Anonymous Flag
March 15, 20120 found this helpful
Best Answer

You'll need to go to your local Social Security office and speak to a representative. They will give you an application and a list of all the documents/documentation required. Be sure to make a photocopy of absolutely everything you give them, including your filled out application and attached documents, before turning it in because records do sometimes get lost or misplaced (I found that out first hand) and you don't want to have to start the process all over again.

And, yes, as long as you can prove your child is the fathers your child will most likely be able to receive an amount of benefits based on the fathers disability income.

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March 14, 20120 found this helpful

You need to talk a SSID worker, there are questions; is your son's fathers name on his birth certificate? if not was there ever a DNA test done? the first thing you will have to do is prove he is your son's father. Unfortunately there are too many cases of fraudulent claims. Other questions would be ... do you get child support? And so forth. So be prepared with all paperwork for proof.

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August 7, 2016 Flag

Is there a program that will replace the money they take out for child support from a person on disability?

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August 8, 20160 found this helpful

I have researched many benefit programs but have neither heard of (nor found) one that essentially pays for the child support deducted from a disability (or any other) benefit. Unfortunately for the non-custodial parent paying (or not!) child support, SSA Disability is one program that the custodial parent can access for ongoing future and past arrears payments.

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August 1, 2016 Flag

My ex husband collects SSD and pays child support. The children are with me and my fiancé. We financially take care of everything for them on our own with the little amount of SSD they receive and child support. My question is, my ex is moving for the 10th time and continues to harass me and my fiancé trying to claim that the children receive SSD which, they do know through domestic relations because I made sure they knew plus I called to double check today and they informed me yes they know and legally I am ok and did everything right from my end. So with him paying SSD, does he still have to to pay child support? And does domestic relations take from child support?

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August 2, 20160 found this helpful

State child support laws and collection requirements vary so it is impossible to answer your question without additional information. However, your ex-husband should contact SSA and the child support agency to clarify his concerns as they are the provider of his benefits and child support requirements.

If your ex-husband continues to harass you, you can file an action with your local police to prevent him from further contact, etc.

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July 21, 2016 Flag

My son's father just got approved for disability. He owes child support. How do I go about getting him to pay?

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July 21, 20160 found this helpful

Contact the SSA office in your area and make an appointment to meet with a representative. Bring copies of all pertinent papers-birth certificates, child support court orders, etc.

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May 28, 2011 Flag

Do I need to hire a lawyer or does the D.A. file for a garnishment of my ex-husband's SSD benefits for back child support in Tennessee?

By vdl

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May 29, 20110 found this helpful
Best Answer

Call the local Social Security office, they will be able to advise you on the best route to take. They may award more money for the SSD benefactor to cover child support but be warned they probably will not cover all of it. The extra money will be sent straight to the parent with the children and the balance will be the responsibility of the parent collecting SSD.

When I signed up for SSD I informed my SS councelor that I had child support responsibilities. They raised my SSD amount by a little over $600 a month but I was still responsible for $291 a month. Very acceptable all things considered. But if the spouse on SSD is a low life and doesn't want to pay, even if it is a lower amount, you may still need to a lawyer to get the balance. The Social Security office will be able to clarify. To my knowledge SSD can not be garnished.

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May 28, 20110 found this helpful

Talk to your Child Support Office and see what they say. I would think they could give you the advice you are seeking. I also think they will tend to the paperwork for you. You could also call you social security office and see what they say.

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May 14, 2011 Flag

Can child support take my back pay from SSDI that I get for my kids now?

By Clifford

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Anonymous Flag
May 16, 20110 found this helpful
Best Answer

If you mean your SSDI for you anything is possible depending on the state you live in. If you mean the supplemental for your children because of your disability I honestly don't think their money would be attached because it's for their expenses. The best thing to do is contact your local Social Security office and ask them what the rules would be for your particular circumstance.

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May 14, 20110 found this helpful

I hope so.

FYI: ssdanswers.com

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March 24, 2016 Flag

My son was disabled before the age of 19. He is now 45 and until last year, when I started drawing SS, he was getting SSI. He is now drawing disability from AD on my work record. He draws half of what I draw. It is about $100 more than he drew on SSI.

He is the noncustodial parent of a 12 year old. He was not required to pay child support out of his SSI check. I have always helped as much as I can with clothes, dance lessons, etc. He barely makes enough to get through the month. Will he now be required to pay support? If he was drawing SS disability off of his own record, I know he would. But he gets much less drawing off of mine.

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December 9, 2010 Flag

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.

By Janet from CA

Answers:

Garnishing Disability for Child Support

If you don't pay child support, who is supposed to do it. Income is income and if you have a child you deserve to pay. (09/23/2010)

By redhatterb

Garnishing Disability for Child Support

I can only tell you my experience. When I applied for SSD I told them I payed child support, $900 a month. I was granted an additional amount of money through my SSD that was sent directly to my ex. It was not the total amount, but it helped. From my SSD I only had to pay $291 a month. I'm sure if I didn't pay it my ex could garnish my SSD. Just a bit of info in case you never talked to social services about your child support payments. (09/23/2010)

By Suntydt

Garnishing Disability for Child Support

I am a firm believer in supporting one's children. Having said that let me tell you that the way the laws are written make it impossible to get out from under the bill once your name is in the system. One of my sons has a son who is 24, has served in both Iraq and Afghanistan in the Army. My son is a machinist so has had periods over the years when he would be out of work. He is still having money taken out of his payroll check for interest accrued when he wasn't able to pay. Mind you, his son is 24 and has a toddler. It looks like my son will go to his grave paying child support. (09/24/2010)

By MartyD

Garnishing Disability for Child Support

If the DA's office has received notice that you are delinquent in child support they can garnish any incoming money. They can also suspend your driver's license and any professional licenses you have in the state. You may be experiencing hardship, but what about the child and mother. They are likely experiencing hardship as well through no fault of their own. Get another job if necessary and support the child you made. (09/25/2010)

By lindal

Garnishing Disability for Child Support

Your child should also be receiving a check from SSD; it does not matter that you are no longer together with your child's other parent. A simple phone call to SS office should take care of that.

The amount of child support is not written in stone, it can be changed according to your circumstances. Unfortunately, you will have to hire an attorney to get your child support payment amount rectified through the courts. It can be changed depending on the amount of money you do receive each month. You are usually required to pay your child a percentage of the money you get in each month. If the judge sees the amount you are living on as minimal, he may accept the amount that SSD pays your child as full payment.

You will however, be responsible for full payment, including late payments, of everything owed until it goes through the courts.

Hope all works out for both you and your child/children. (09/26/2010)

By susanmajp

Garnishing Disability for Child Support

I am sorry that I am not being sympathetic here, but what about the hardships your child and custodial parent have had to and continue to endure? This is your child and children come first and the fact that you speak of garnishment means this situation has been going on for a very, very long time. :-( And, yes, the garnishment is legal because it's a court ordered judgment to protect the child you brought in to this world!

Do take the advice of another poster to request supplemental SSI for your child, but you will still owe the back and newer adjusted child support. (09/26/2010)

By Deeli

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September 23, 2010 Flag

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?

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