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My ex owes $25,000 in back child support and just got SSI with a lump sum of money how does that work?
By ppattt from Fort Myers, FL
SSI can absolutely NOT be garnished for child or spousal support.
I waited the 5 years to allow the SSDI to drop away so that I could SPECIFICALLY collect SSI (I 'owe' a great deal of ransom...errrr...'child support') and flip the bird to the ex.
Further, all 'license suspensions', ie : drivers, professional, hunting, fishing, ect....are null & void once SSI kicks in. (including, but not limited to passport seizures).
I can't tell you the satisfaction I feel when I mail a copy of my SSI award letter to (along with a note with a middle-finger watermark) to support collection unit demanding they void their driver's license suspensions once a year.
No! SSDI and Social Security can be garnished for child support, but SSI can't be garnished. The reason is that SSI is not considered as income, in the sense that the recipient earned it or that it comes from earnings that was paid in to Social Security.
My children's father just recently went and filed something that stated that he is not ordered to pay child support to me anymore due to him receiving SSI. He has paid in the past and it was a very small amount for 2 kids. I have done everything. I went to the child support office and now am being told that if I wanted to receive any type of support then I will need to hire an private attorney.
Is there something that can prevent the other spouse from paying child support for the kids due to this parent receiving Social Security income? Please help and steer me in the right direction. I don't get it. I have never seen a state send correspondence stating that the father is not responsible after the children are legitimized.
Only the Social Security Administration can answer your questions. You can make an appointment at your local SSA office to address your questions.
If your husband is not able to work and is receiving benefits from SSI, the child support payments should be deducted from his benefit and paid to you for your children. You should check with SSA for answers.
If a person gets or receives SSI benefits, by law in Kentucky can a court make that person pay child support?
A person pays child support based on what s/he has. If the person doesn't have enough assets, I don't think the court can force the person to pay. If the person has SSI, they don't have a lot of cash in the bank or other assets. The SSI helps them maintain a minimal standard of living.
Social Security has stopped my child support. The letter says child support can not take SSI/SSD money for child support! They still have not approved his Social Security disability.
That is something only Social Security, not any one of us, can answer.
If you don't have a lawyer, you may want to contact your local legal aide (free or discounted legal help) to address your questions and intervene if needed. These types of issues need experts who know all of the rules and laws and the right people to contact. Good luck!! Hope it all works out.
You can call SSI and ask for guidance as every case is different. The number is 1-800-772-1213. Tell them where you're calling from and that you're having issues and need guidance.
There is SSI and SSDI and there is a world of difference in the two programs. (There is no SSD.)
Please go in person as SSA will not do anything over the telephone and this has to be done soon.
I forgot to add this information:
Can Disability Payments Be Garnished?
Whether or not your disability payments can be garnished depends on which type of disability benefits you receive and whether or not your child support payments are current. SSI (Supplemental Security Income) disability payments are made to people who have a very low income. These payments cannot be garnished for child support payments. SSDI (Social Security Disability Insurance) payments, however, can be garnished to fulfill child support obligations.
Can Back Pay Be Garnished?
If you are entitled to a lump sum of back pay and you owe past-due child support, your back pay can be garnished to satisfy this debt. While your entire back payment will not be taken from you, a percentage of it may be garnished in order to fulfill your child support obligation.
I have a question and I don't know what to do. My kids' dad is trying to get on SSI to get himself more help and so he won't have to pay child support. I'm just worried where I'm supposed to go from here. I am a single mom raising three kids.
Is your child support paid through the court? Hopefully that is the case and Social Security will work with the court per child support is concerned.
The first thing I would suggest is to get all papers pertaining to your divorce and child support as well as everyone's Social Security numbers (including your ex-husbands) and pay a visit to your local Social Security office. Explain the situation to them so they will have all the information on their records even before the SSI is approved or disapproved. If your ex is in arrears with child support you also need proof of this as that is the only way you may be able to receive any part of a delayed payment check that your ex may receive if his claim is approved (his claim starts when he first applied and if approved, he will receive a check for how ever many months he waited for approval). This is sometimes a large check but if he is up to date on child support then none of that will be yours but if he is behind in payments, you can get SS to pay at least part of those arrears from that check. But, you must have proof of payments and non-payments.
Gather all your records (or go without some and find them later) and go to the SS office ASAP.
This is a legal question. Consult Legal Aid if you can't afford a lawyer.
You cannot get any of his SSI benefits. SSI is not counted as income.it is granted to those that haven't had enough work time in to get disability. Disability is an income, SSI is not. Also if he actually gets SSI benefits realize that he is truly disabled, not faking
Does this apply in Texas as well?
I have an ex who filed for child support. I know she can't get anything because I get SSI. But they made me take a DNA test for two kids. If one of the kids ain't mine are they going to make me pay for the DNA test for the kid that ain't mine and for the kids that is mine due to me getting SSI?
"They" as in the government, state (?) is requesting you to take a DNA test. Wouldn't they be the one supplying the test though?
I would assume the government is paying for the test. I know that people who have to take drug tests prior to employment don't pay; the employer pays.
When they are ordering it and having you do it, you are not liable for the expense.
You do not say who "they" happens to be so we cannot say whether you will have to pay or not. You should have received a paper showing your responsibility for payment (or non-payment) when you were "made" to have this done.
There must be a reason your ex is having this done but it is true that child support cannot be taken out of SSI (but can be taken out of SSD).
You need to talk to whoever "made" you do this for your answer (someone other than your ex).
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My ex husband and I have been divorced for three years. After the split he filed for SSI with a claim of mental health issues resulting from my leaving, and he got approved.
So now I have a three year old little girl who literally gets nothing from him and I was wondering if since he gets SSI if she could draw from that and receive help as well. There is no court ordered child support agreement, since he had no income at the time I filed. I just said I could do it on my own (I really really just needed him to stay away from us). So what can I do now?
By heather from Indianapolis, IN
The child should be eligible. Check with your social security office. (12/03/2010)
SSI cannot be garnished for child support. If he were receiving Social Security Disability (SSA) benefits your child could also be signed up to receive from his account. Unfortunately, unless he becomes employable and gets a job and ceases to receive SSI or is somehow deemed eligible for SSA/disability benefits, you are at a stand still on receiving anything from him. Sorry. (12/03/2010)
Call your Child Support Office and ask them some of these questions. (12/03/2010)
Don't ask advice from people who may not give you the correct answer. Look at the different answers you got from here. My opinion is that you can get something for your child. It will not be taken from his benefits, but will be based on his benefits and will come from Social security. Please call or go to your local office. They will not "run you through the mill". That is not what they are paid to do. They will treat you with respect and see that you receive anything you are entitled to. (12/03/2010)
I agree, contact your local SS office. My ex was on S. S. disability and he worked with his case worker to get S.S. benefits sent to me for my son. I was lucky enough to get over $500 per month for several years until my son turned 18.
As others have said, seek the council from the Social Security Office themselves. The are very helpful with these situations. The only thing not in your favor is there was no court ordered support at the time of your divorce. They may say he has no legal obligation to you and not be able to help. The only thing you can do then is ask him directly. Sorry, it doesn't sound like he has any interest in helping you and your daughter.
The only other possible thing would be to consult a lawyer. If you were not awarded child support at the time because of him being unemployed then that might be something that can be changed now that he is on SSI. From your description it sounds like he is actually on Social Security Disability. That is a whole other ball of wax. Again talk to the SS Office. (12/03/2010)
Go to this website: indianajustice.org (12/04/2010)