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Garnishing Disability for Child Support

24 Questions

Here are the questions asked by community members. Read on to see the answers provided by the ThriftyFun community.

September 4, 2017

If a mother has been ordered to pay child support and all at once she quits her job and sighs up for disability, does she get out of paying all the back child support that she is behind on? She is trying to get out of paying child support by signing up for disability and she is very able to work.


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Answers


Bronze Post Medal for All Time! 105 Posts
September 5, 20170 found this helpful

That is basically up to the courts to decide. She might have an injury that you don't know about. Disability is awarded to people who have a medical problem and can't work. It is hard to determine if she has a medical issue or not.

I would contact my lawyer and have him file for a court date with the judge. All you can do is present your case and let the courts decide the rest.

 

Gold Feedback Medal for All Time! 949 Feedbacks
September 5, 20171 found this helpful

Signing up for disability does not necessarily mean she will be approved. You do not say what type of disability she signed up for but if it is with Social Security then she will have to prove that she cannot work and have a doctor (doctors) complete paperwork attesting to her disability and that it is their professional opinion that her condition will not change within a long period of time. Doctors will not usually do this falsely as their profession is on the line should it be proven otherwise. Social Security can require a person to also see a doctor of their choice for a second opinion.

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Other types of disability are also very strict so, even if she is disabled it may take a long time to be approved.
Whoever is due the child support (current and back payments) should seek an attorney so that papers can be filed that will make it where they will be first in line for payment if or when this is approved. Only a court and Social Security (if that is the type of disability) can decide what amounts will be awarded. What people "think" is going on will have no baring on something like this.
This person can also file with SS that back support money is due for the child's care.
If this person cannot afford to pay an attorney then they should apply with family services so they can get help finding an attorney that does this type of work for free.
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All paperwork from divorce degree, proof of payments made, any correspondence, social security numbers will be needed to file any type of claim.

 
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June 3, 2017

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.

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Gold Post Medal for All Time! 677 Posts
June 3, 20170 found this helpful

From Nola.com:Garnishment of Your Disability Payments. If you are awarded SSI, your benefits cannot be garnished to make child support payments. If you receive SSDI and have been court-ordered to pay child support (or alimony), your benefits can be garnished to satisfy your legal obligation.

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From this explanation, I would assume the payments garnished are going to the CSEA and then going to the guardian of the child.

 

Gold Feedback Medal for All Time! 949 Feedbacks
June 4, 20170 found this helpful

Judy is correct about the garnishment of SSDI and I do believe it will go to CSEA and then to the parent/guardian. This garnishment may be due to a person being in arrears with child support and can be made in addition to a benefit paid for the child through SSDI.
A visit to your local SSA would give you an opportunity to ask questions about this and any other questions you may think of.

 
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May 3, 2016

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?

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Bronze Answer Medal for All Time! 220 Answers
May 4, 20160 found this helpful

You should contact the agency responsible to provide your benefits to answer your question.

 

Bronze Answer Medal for All Time! 220 Answers
May 4, 20160 found this helpful

Also-Financial Help For Seniors:

SENIORS-National Council On Aging (NCOA)

The National Counseling On Aging has a free resource site:
www.BenefitsCheckUp.org

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This site is a confidential, free and easy resource service to help people 55 years and older locate and apply for benefits. There are numerous financial assistance programs, both public and private, that can help struggling Seniors trying to make ends meet. The site has information on more than 2000 programs. Many are available to anyone in need who qualify, while others are available only to older adults and can help them retain their independence.

Benefit Types
Food Assistance, Health Care, Prescription Drugs, Utility Assistance, Supplemental Security Income (SSI), low income housing, tax relief, respite care, free legal assistance and many other benefit programs are available.
To use the site, you enter basic information about the person in need-date of birth, zip code, and check boxes for what the person needs assistance with.

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The site generates a report instantly, listing links to the programs and services that the person may qualify for.

Some assistance programs can be applied for online while other have downloadable form to be printed and mailed, faxed or emailed in, and some require you to contact the program directly.

Benefits Enrollment Center
It is also possible to get help in person at a Benefits Enrollment Center. There are currently 36 centers in 24 states and 12 more will be added in 2016. Visit the online site for locations:
www.NCOA.org/centerforbenefits/becs

BottomLinePersonal.com050116-DCA

 
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March 24, 2016

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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Gold Post Medal for All Time! 677 Posts
August 10, 20170 found this helpful

This is a question for Social Security. You need to go in person. Call first and ask what documentation you need to bring.

 

Silver Post Medal for All Time! 255 Posts
August 12, 20170 found this helpful

Only SS can answer that and they will need to see any court documents that order him to pay child support

 
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August 7, 2016

Is there a program that will replace the money they take out for child support from a person on disability?


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Bronze Answer Medal for All Time! 220 Answers
August 8, 20160 found this helpful

I have researched many benefit programs but have neither heard of (nor found) one that essentially pays for the child support deducted from a disability (or any other) benefit. Unfortunately for the non-custodial parent paying (or not!) child support, SSA Disability is one program that the custodial parent can access for ongoing future and past arrears payments.

 
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August 1, 2016

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?

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Bronze Answer Medal for All Time! 220 Answers
August 2, 20160 found this helpful

State child support laws and collection requirements vary so it is impossible to answer your question without additional information. However, your ex-husband should contact SSA and the child support agency to clarify his concerns as they are the provider of his benefits and child support requirements.

If your ex-husband continues to harass you, you can file an action with your local police to prevent him from further contact, etc.

 
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July 21, 2016

My son's father just got approved for disability. He owes child support. How do I go about getting him to pay?


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Bronze Answer Medal for All Time! 220 Answers
July 21, 20160 found this helpful

Contact the SSA office in your area and make an appointment to meet with a representative. Bring copies of all pertinent papers-birth certificates, child support court orders, etc.

 
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Archives

ThriftyFun is one of the longest running frugal living communities on the Internet. These are archives of older discussions.

December 9, 2010

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.

 
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September 23, 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?

 
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July 24, 2010

My daughter lost her job and is having a very hard time finding one.

 
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July 18, 2010

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.

 
Read More...
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