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Garnishing Disability for Child Support

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!

By Concerned Grandma


Garnishing Disability for Child Support

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.

By Lorelei

Garnishing Disability for Child Support

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)

By Bookeesmom

Garnishing Disability for Child Support

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)


By memas

Garnishing Disability for Child Support

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)

By wasshrunk

Garnishing Disability for Child Support

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)

By JustPlainJo

Garnishing Disability for Child Support

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)

By vitaloo

Garnishing Disability for Child Support

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)

By Noella

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