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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
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.
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!
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.
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.
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.
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!
You should go to your SS office ASAP as the person taking care of the child is the one that gets the check.
I do not know how long this has been going on but you may or may not be able to get some back payments.
I know this has happened as the money was withheld for the "incorrect" parent until the mistake was corrected - but don't count on that.
The person receiving the check is suppose to supply SS with an annual report on how the money was spent. Your ex may or may not have been doing this - but you could ask.
You will need everybody's SS number (yours, your daughters, your ex's) and also may need your divorce decree showing how much child support he is suppose to be paying.
The SS office should be able to help you and maybe combine the support and the amount from the benefit if he is or has been paying.
No cases are the same so no one can actually help you very much - go to the SS office and get correct answers.
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.
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
Only the Social Security Administration can answer your questions. You can make an appointment at your local SSA office to address your questions.
I'm sure I'm not the only one that had experienced this issue; I'd love to hear from anyone with a similar issue and/or the knowledge of this as a 'general question'. Thanks
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?
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.
Talk to your department of child support enforcement and your Social Security Office. None of us can really advise you.
In my situation I was paying 1,700 a month when employed. After my military service I had undiagnosed PTSD, which presented itself in loss of many jobs assaultive behavior an extended jail time. After diagnoses I was plced on temporary disability. In NYC recieving $155 cash an two hundred food stamps per month while awaiting the veterans admin disability decision. All the while being charged 1,700 a month which I couldnt pay. So by the time I was awarded my vets benefits my arrears were $70k. My lawyer advised in NYC if living below the poverty level guideline set by the human resoures admin $15k in NY your eligible for the arrears cap initiative. By law they can only charge you 500 a year for each year you can prove you lived below the poverty leval guideline. In my case it alleviated fifty thousand dollars.
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?
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.
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.
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?
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.
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.
Good advice here already. Please do talk to both Social Security and the family court. Our system is in place to help those in your situation so that you don't have to pay additional fees trying to collect money due to your children.
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.
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.
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.
Can child support take my back pay from SSDI that I get for my kids now?
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.
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.
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?
From anyone's experience, are the Social Security Disability Insurance payments made directly to Child Support Enforcement Agency (CSEA)? A certain amount of money is being garnished and being paid to the child/ custodial parent. I am not sure if this payment is paid directly to CSEA. I would appreciate any feedback. Thanks.
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?
You should contact the agency responsible to provide your benefits to answer your question.
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Is there a program that will replace the money they take out for child support from a person on disability?
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?
My son's father just got approved for disability. He owes child support. How do I go about getting him to pay?
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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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
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)
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)
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)
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)
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)
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)
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?
Thank you for your time.
By RStewart109 from NC
Go to your local Child Support Enforcement Office and see what steps can be taken. The above mentioned office is usually connected with the department of social services. I think they will be able to advise you and maybe even do the paper work for you. (07/24/2010)
We never got a lump sum just a monthly garnishment from his check. Make sure Social Security knows he owes child support. The Dept of Child Enforcement can help with that if you are not already using it.
I'm not sure about the state that you live in, but there are different types of disability: social security disability, workman's compensation disability. Social security disability will send monthly checks to a child of a disabled person. Workman's compensation disability won't.
You can, however garnish his settlement check, if you know when he is supposed to receive it (you will need the help of an attorney). All the paperwork must be done ahead of time and given to his company before his settlement check is written. This way, he won't have time to spend the money, and part of the settlement will be made out to you. It can be kind of difficult, since his employer will try to protect him and doesn't have to tell you about when the check is being written. I have a friend who did this, and got several years of child support payments that her ex failed to pay for their two kids, over $8000 in one check. Her husband was furious, but her kids had a right to the money. (08/06/2010)
My daughter lost her job and is having a very hard time finding one. She and her little one are now in danger of being evicted from their low income apartment because she doesn't have money for this month's rent. Her child's father refuses to pay any child support and he won't get a job because he lives at his father's house for free. He lives off his new wife's disability check.
Does his daughter have a right to any of his wife's ($1500) disability check? I believe her check comes from Social Security. He will never get a job (so she can garnish) and doesn't have a drivers license to revoke. He would rather go to jail than work! My daughter is a wonderful mother but is having a hard time finding a new job and any child support would help!
No, you cannot get money from your ex's new wife's income. File charges against him for non child support. If he's a dodger, he could put things in his new wife's name and you cannot touch it.
This is strictly a problem between exs to resolve with court system help. It'll take weeks to get things ironed out. If the new wife is pressed to come to her dead beats rescue, she might provide dollars to keep him out of jail, but that grows old and I wouldn't depend on her income to always be available. Good luck to you and your child. I feel for you having to go through a rough time without ex's financial backing. It sure would make things easier.
I don't think that you can do that, but do call Social Security and find out. Also, if she knows where he is living and has an address it seems depending on the laws where you live that she can have him arrested for not paying child support. I hope something works out for you and your daughter and her child. These are hard times and a dead beat parent is so sad. (04/13/2009)
If he would rather go to jail then help his own daughter then put him there! If his new wife wants him then all back child support will have to be paid before he can get out, if he skips a month then put him right back in jail! Don't back down no matter what story he comes up with, sooner or later people will get tired of bailing him out. 7560 (04/14/2009)
When I was married, my husband's first wife filed for an increase in child support based on my income. We actually went to court over this. I had just started a business (hence his increased income) and, with start-up expenses, only made about $1, the first 3 months and her request was denied. According to the lawyer, if my income was substantial, she would have gotten an increase. (04/15/2009)
Gee, the ex sounds worse even than mine! At least he paid up, eventually, to keep out of jail.
If your daughter isn't too proud, perhaps she could get some assistance from the Department of Jobs and Family Services, Human Services, or whatever that social service is called in your area. She should qualify for food stamps, at least, and perhaps cash and medical assistance, too.
One more thing: the low-income housing where we lived at one time had a policy, zero income meant zero rent until there was income. I recommend your daughter talk frankly with her landlord and see what arrangements are available to her. I'll be praying for you all. (04/15/2009)
You don't have to garnish his SS benefits. SS has a child benefit that your child is automatically entitled to. Just go to SS with your child's birth certificate, the father's social security number and you can get your child signed up. It doesn't come out of his check. It automatically comes from the SS Child benefit, but if he owes "back" child support you can get that as a garnishment from current wages through a court order. (04/16/2009)
I am pretty sure that you cannot garnish your ex-husband's present wife's income. Your child is not her child. She is not responsible for any of his bills made before they were married, only the ones made afterwards. That doesn't mean that her lifestyle wouldn't be impacted by his previous bills.
If you know where your ex-husband lives, contact your state support enforcement unit and have them track him down for back child support. They can put a lien on his Social Security when he's eligible for it, especially if your child is under 19 at the time. Be sure and have the support enforcement unit place the lien now in case at some point in time he applies for Social Security Disability.
A word of warning though. If you are not on some type of welfare, your support enforcement unit will probably place you at the bottom. They do seem to be more interested in going after fathers of those on welfare so as to reimburse the state rather than gain income for custodial parents. (04/21/2009)
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.