Social Security Retirement and Back Child Support

My husband is currently having child arrears garnished out of his paychecks. His children are in their mid 20s and he's been paying off arrears for 5 years now and only owes 3k more. He put off retirement a year after he was old enough to start collecting retirement benefits. We just found out he will get a lump sum for working till 67 instead of 66. Even though he's been paying $500 a month regularly will child support take his lump sum?

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We also have a minor teen child of our own that will get benefits of approximately $500 a month based off her father's retirement. He has no issue continuing to pay the court ordered amount of $500 a month out of his monthly retirement amount so would they still take the lump sum just to pay it off sooner?

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July 22, 20190 found this helpful

You will have to ask Social Security. Each case is different and the final decision is made by them.

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July 22, 20190 found this helpful

I do not believe they will be able to take the full check but some amount may be possible.
He can talk with SS but they may not have the final information available until just before the check is cut.

Since Payment is being paid by a court order - garnishment from his paychecks - you should see a family attorney to set up monthly payments out of his retirement check and maybe the attorney can help you with the lump sum payment.

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This will cost attorney fees but it will probably have to be done at some time so it would be best to do it right away so there will be no missed months.
Arrears are paid to the mother because she made do when regular payments were not made so it has nothing to do with how old the children.

An attorney will have everything arranged through the court so you will know where you stand at all times.
You should know what her plans are as she is probably making arrangements to have his retirement set up for regular payments to continue and has probably asked for payment from this lump sum.
An attorney can get this information and address the issue in court.

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July 22, 20190 found this helpful

Start with the Social Security office:

1 (800) 772-1213

You may want to talk to your lawyer also.

Post back with an update!

Hope everything works out well. Prayers!

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