Garnishing Disability for Child Support

My fiancé is severely disabled as of three years ago. He started receiving disability payments this past August and the state takes his monthly child support obligatory payment every month from his check.

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My question is this, since he still owes 9,000 in back child support, but is making monthly payments to child support are they able to start garnishing from his disability check for the back pay owed when they are currently taking from his check the current monthly payment decided by the courts? He received back disability pay in August and child support seized that and we went to court and set up a monthly payment plan. Please help anyone if you can, we live in Colorado.

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July 9, 20190 found this helpful

Every case is different. You will have to make an appointment with Social Security and bring any relevant documentation

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July 10, 20190 found this helpful

When you went to court because they seized the back check, where you able to receive any part of this check or did the support services take the entire amount?

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Whatever they did with this back payment check should give you some idea as to how they will handle the balance of the back support.
It is usually difficult for court to seize the entire check so they should have told you what the money would be applied to - partial payment of back support or a number of back support payments.

I'm assuming your fiance is receiving SSDI disability and child support can be taken out of that type of disability.
You are not really dealing with Social Security as once the disability is approved SS will follow whatever orders they receive from the court.

Did you have an attorney when you went back to court?
If so, you should be able to call them and find out what exactly is going to happen with his future checks as the court would have put everything in writing when the decision was made. If you did not have an attorney then you should have received a letter of final disposition from the court.

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If back support was not questioned at this hearing then you will probably have to go back to court if any type of action is taken against his SS account.
He can go to the SSA to see what type of orders they have and they can tell you if they have received additional notices from the court about further attachments to his account.

Every state is different when it comes to child support payments so you will have to find out how much (percentage) of his income they can take and how much they have to leave alone.
If they are taking the limit for support then they may not be able to attach anymore right now but when the children reach 18/19 years of age and support stops then the court can require that the same amount of money be payed on the back support payments due until paid in full.

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If you need help for attorney's fees you can ask for help at your family services office or contact Legal Aid Society.

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July 15, 20190 found this helpful

For the same reason you would not want to have a stranger call in and receive any of your personal information from a government agency, the Social Security Disability office will not provide personal information to you about your child's father's case, as it would be illegal for them to do so. The child support money and disability money are handled by separate government agencies. The State DHS office would be thr office for you to work through, via the Child Support Recovery office. They are your key here. I wish you luck in your search :)

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July 15, 20190 found this helpful

The child support money and disability money are handled by separate government agencies. The State DHS office would be thr office for you to work through, via the Child Support Recovery office.

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They are your key here. Your fiance may also have to be the one who contacts them, unless you are an authorized person listed on the case. I wish you luck in your search :)

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